The terms of s.109 PCC(S)A 2000 had not been satisfied. Counsel at trial had been wrong to make the concession in relation to possession and D moreover had not admitted possessing a firearm. Therefore s.109(5)(h) had not been made out. In determining the appropriate length of sentence, regard should be had to the scale of the robbery – this had been a street robbery. Therefore the life sentence would be quashed and substituted with 8 years’ imprisonment.
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Hearing on liability in terms of Regulation 12 of the Workplace (Health Safety and Welfare) Regulations 1992.
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Pending appeal against a finding of patent infringement the claimant was granted an interim award of damages reflecting a reasonable proportion of the likely final award. The claimant and its holding company were required to give cross undertakings of repayment in the event of a successful appeal.
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Although in principle the judge had jurisdiction to stay the confiscation proceedings, it could not be concluded, on the material before the court, that the Ds had discharged the burden of establishing circumstances in which it would have been correct for the judge to order a stay of those proceedings. There was no evidence which showed that the complainant company knew or understood how much had been specifically provided by the Ds, nor was there any statement that the company had received thos ...
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Expert evidence – GMC proceedings: Fairness required that those who advise a tribunal on issues of fact, whether as experts or assessors, should do so openly, in the presence of the parties and in circumstances in which the parties have an opportunity to make submissions on that advice before the tribunal makes its decision.
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Interference with a prisoner’s correspondence with his mother and refusal to allow visits from his wife and child will contravene article 8 of the Convention unless it was in accordance with the law. Domestic law has to indicate with reasonable clarity the scope and manner of exercise of the relevant discretion on public authorities to ensure that individuals were afforded the protection entitled under the rule of law in a democratic country.
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Effect of Inelligible Jury Member:
Counsel for the appellant submits that from the mere fact that the juror in question was ineligible an informed and objective observer would conclude that the proceedings lacked an appearance of impartiality and that the verdict of the jury constituted a miscarriage of justice. Section 1(4)of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1980 which seemed to suggest otherwise had now to be read subject to the fair trial provisions of the Convention. The advocate depute submitted that i ...
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A M needed permission to appeal against the decision of a judge to take no action and to refuse to commit the F to prison for 66 breaches of residence/contact orders relating to their children.
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The court would only make a care order following final hearing if it had before it all the relevant information. The M of the child would have an opportunity to present any evidence as to her change in circumstances at final hearing.
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The rule which prevented an enemy national, resident in the enemy country from bringing an action in an English court applied only when there was a state of war in the technical sense.
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