Given that there was no medical or other evidence to support a reason as to why D did not give evidence in his own defence, the court should have drawn the inference that he had no answer to the case against him.
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Stay / Anti-Suit Injunction: The parties had entered into an agreement to stay proceedings in foreign courts pending the determination of the English court. The Claimant sought to discontinue those proceedings and commence new proceedings in the foreign jurisdiction.
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A judge should not sentence an offender for an offence that had occurred in the precincts of that court, and where the victim was a court security officer who would be known to that judge.
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A judge should not sentence an offender for an offence that had occurred in the precincts of that court, and where the victim was a court security officer who would be known to that judge.
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The words "you're ******* Islam" are indisputably abusive (s.5 Public Order Act 1986).
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Where it is possible to substitute an offence of causing death by reckless driving with that of manslaughter, juries should be directed on the definition of recklessness if they are to properly consider the charge of manslaughter. In such jurisdictions (e.g. Jamaica, but not England & Wales), the definition of recklessness set out in R v Lawrence [1982] AC 510 and R v Seymour [1983] 2 AC 493 applied, despite the later decision of R v Adomako [1995] 1 AC 171.
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A court, when considering a second or later application to discharge a restraint order under the Protection from Harassment Act 1997, should primarily consider whether there had been a material change in circumstances since the last application.
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A court, when considering a second or later application to discharge a restraint order under the Protection from Harassment Act 1997, should primarily consider whether there had been a material change in circumstances since the last application.
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Antigua and Barbuda complained about United States measures (federal and state) which allegedly made it unlawful for suppliers outside the United States to provide gambling and betting services to consumers within the United States .The Appellate Body overturned many of the findings of the Panel Report and held that measures adopted by the United States were covered by the "moral exception" of Article XIV(a) of the General Agreement on Trade in Services ("GATS").
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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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