A sentence of 6 years' imprisonment imposed for attempting to kidnap was not manifestly excessive given the violent nature of the offence.
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Lawyers: A firm of solicitors, retained to act for the wife of one of its partners, will be vicariously liable for any omission to provide legal advice even where that advice was to be provided by the husband who, as it subsequently emerged, had been concealing his true financial affairs from his wife and his firm. In the absence of any suspicion of undue influence it would have been sufficient for the firm to provide such advice in writing. There was no need to have a face to face meeting. Wher ...
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The local authority widened an access road to its industrial estate by laying tarmac on the Claimant's land. The local authority was liable to pay damages for the acts of trespass on the land and the damages should be assessed on the basis of the hypothetical negotiation for the right to use and license others to use the land
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A sentence of 2 years' imprisonment imposed for an offence of kidnapping was longer than necessary and manifestly excessive given the unusual circumstances of the case and the offender's emotional vulnerability.
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Mr Justice Munby gives public warning in this judgment to both solicitors and barristers that a failure to comply with the Practice Direction: Court Bundles (Universal Practice to be Applied in All Courts other than the Family Proceedings Court)[2006] 2 FLR 1999 may result in a public 'naming and shaming'.
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The convictions of D, who was unrepresented, were safe, despite prosecution counsel having made a second speech to the jury after the evidence had been given at trial.
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Judgement given in respect of care proceedings relating to a child whose older sibling had suffered non-accidental injuries in the care of the parents. It was held that the court did not have sufficient understanding of why the Mother acted as she did in injuring the older sibling to be satisfied that the child would be safe in her mother's care.
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Issue of Limitation not a Preliminary Issue: Master Fontaine held that limitation in respect of claims made out of time by alleged victims of child abuse should be determined at a full trial rather than as a preliminary issue. There would be a large overlap between the evidence to be given in respect of the limitation issues and in respect of the liability and quantum issues, it was difficult to say that there would be any significant saving of costs. It would be very difficult for a Judge to ex ...
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A recommendation that a deportation order be made in respect of a Zimbabwean national who had been convicted of fraud offences was neither necessary nor appropriate given the United Kingdom's policy towards Zimbabweans.
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The court ordered the return of two children to Poland (for a second time) after finding that the Father had not established a case under Article 12 and 13. The issue of the children's settlement was considered at length in the context of the Father's deceit of the Mother and the Polish Courts.
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