Financial Services: In market abuse cases the Authority must prove its case on the balance of probabilities and not beyond reasonable doubt. However that would be applied on a “sliding scale” linked to the gravity of the allegation. Issues in respect of an expert’s opinion would go to weight rather than admissibility.
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The inclusion of a curfew provision in an ASBO was not legally objectionable as it was prohibitory, with a preventive and protective rationale.
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The incompetence of defence counsel at trial in failing to convey his client's good character and to ensure that the judge directed the jury appropriately could be sufficient grounds for setting aside a guilty verdict as unsafe.
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The money laundering arrangement offences under s.328 of Proceeds of Crime Act 2002 were not intended to affect legal professionals in the ordinary conduct of litigation. S.328 did not override legal professional privilege.
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There was no breach of a defendant’s constitutional right where through his own fault he was unrepresented at trial but a judge or magistrate should not cross examine a defendant in a manner that suggested the judge was siding with the prosecution.
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Local authorities which have adopted the LACORS Enforcement Concordat were required to adopt written policies for enforcement and document adherence to them wherever possible in each case. The court held, applying dicta from the important judgment of Rose LJ in Adaway (Times, 22/11/04), as follows: "We ... think that it is important that local authorities prosecuting matters, which are serious matters, such as this, should ensure that the legal officers responsible for reviewing the reports of ...
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Liability: The insurers sought to avoid liability in respect of a claim for a transformer damaged in transit on the basis that the loss was proximately caused by its inability to withstand the ordinary conditions of the voyage including the storm conditions experienced.
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