The authorities demonstrated that the fact that D was a prison officer was a matter which increased the seriousness of the offence, particularly given that they would know very well the problem of drugs in prisons.
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A Columbian national who was homosexual and HIV positive, was unsuccessful at appeal as the adjudicator found that, while accepting that as a group homosexuals were at risk from social cleansing in Columbia, R had lived a homosexual lifestyle and had been with a homosexual partner for 13 years before coming to the UK and had not experienced violence or hatred because he had kept his lifestyle secret. The adjudicator found that the applicant had come to the UK to receive free treatment for his HI ...
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Committal Orders. Committal orders sentencing the appellants to 42 days' imprisonment, imposed following flagrant breaches of a possession order, were not disproportionate.
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It was held that a notice of arbitration sent by D by email was validly served because it was received at the email address held out by C as C’s only email address, notwithstanding the relevant managerial staff had not received it. Clarke J held that a notice or document required to be served under an arbitration agreement could be given by any recognized means of communication (whether post, fax or email); if emailed, the notice had to be dispatched to the correct email address of the intended ...
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The firm of solicitors had advised the claimant in connection with the dissolution of a partnership with her former husband in a road haulage business. It was alleged that the firm had failed to advise her to effect the immediate dissolution of the partnership and to avoid or limit her future liability for the debts of the business. By a majority the Court of Appeal found that although there had been a breach of duty that as the alleged loss was not put to the court at first instance, was ...
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Legal. In proceedings against a barrister who had acted in an unsuccessful attempt by the claimant to enfranchise under the Leasehold Reform Act 1967, it was alleged that he failed to advise the service of a protective notice whilst the validity of an earlier notice was being contested. Whilst there might have been a form of wording for a protective notice that would not have prejudiced the one already challenged and yet been effective in the event that the former notice had been found d ...
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Medical. On the basis of the general practitioner's records it appeared that she had given proper advice. The hospital that had requested the claimant to be treated for the STD was in breach of duty for failing to have the claimant's mother retested. The expert evidence and the facts meant that it was impossible to find that the breach of duty caused or materially contributed to the premature birth of the claimant.
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Failed professional negligence claim. Applying the standard in Moy v Pettman Smith (a firm) [2005] UKHL 7 (2005) 1 WLR 581, a barrister had not been negligent in the advice he had given to a tenant regarding the desirability of serving a protective notice under the Leasehold Reform Act 1967.
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Freezing Injunction and enforcement of Undertaking in damages. Where a freezing injunction had been discharged by consent, a court exercising its discretion as to whether to enforce the grantee's undertaking in damages had to determine whether the injunction had been wrongly granted or not, and had to consider all the facts of the case known at the time of the hearing to determine whether to exercise its discretion and award damages. There were special circumstances justifying a refusal to enf ...
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Periodical Payments. It was appropriate to add the secretary of state as a party to proceedings for the approval of a settlement in a clinical negligence claim where the exercise of his discretion under the Health and Social Care (Community Health and Standards) Act 2003 s. 25(3) was an important consideration in resolving the issue of whether the court could be satisfied that continuity of periodical payments by an NHS Foundation Trust was reasonably secure.
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