The Parole Board could not conclude that there was a risk of re-offending and recommend that a prisoner not be released on licence solely on the basis of a charge and a pending prosecution.
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C applied for judicial review of R’s decision to refuse to repay the balance of overpaid VAT and interest on the repayment. An error in C’s accounting software had caused an overpayment of VAT of some £40 million over an 11 year period. The commissioners repaid the VAT overpaid in the three years before the claim was made but declined to apply their published concession that there was no time limit for correcting an error consisting of a simple duplication of output tax, and rejected C's claim ...
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A conversation to establish whether the appellant, a police officer, had been drink driving, consisting of two questions – whether he had been drinking, and whether he had driven to work that morning – was held not to have amounted to an interview. He was arrested and cautioned. When questioned under caution, he repeated the admissions made in the previous conversation, namely that he had taken alcohol the night before and that he had driven to the police station that day. He even provided some ...
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Notwithstanding an ostensibly valid Nigerian decree absolute, it would only be accepted in England if it satisfied domestic laws such as that the wife be given reasonable notice.
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Case dealing with review of the power of a magistrates’ court to adjourn a case, including case stated and judicial review and the procedural problems that can (and did in this case) arise.
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In extradition proceedings, the US government (being the requesting state) failed to prove something essential, namely that MDMA was a banned substance, at the material time (2003 – 2004), in the United States.
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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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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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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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