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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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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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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Conflict of Laws: For the purposes of a determining the applicable law in a reinsurance contract under the Rome Convention, in the absence of a choice of law clause, the place of payment of the reinsurance was determinative under Art. 4 (2).
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In a case of serious and persistent breaches of a non-molestation order, a sentence of 18 months’ imprisonment (imposed under the FLA ‘96) was not manifestly excessive. For cases warranting sentences at the higher end of the range, proceedings should be brought under the PHA ’97 rather than FLA ’96.
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There was jurisdiction for R to appeal under s.9 CJA 1987 against the judge’s order for disclosure. He had properly judged the case as involving allegations of serious fraud. Where an issue of disclosure was argued before a judge at a preparatory hearing held under the 1987 Act’s provisions, it would clearly fall under s.7 1987 Act. On the material before the court, the hearing was an adjourned preparatory hearing from the initial hearing involving abuse and exclusion of evidence. The judge had ...
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