Credit Unions: The first reference of a decision by the FSA in respect of a Credit Union. The prohibition decision in respect of a director was upheld on the basis of amongst other things, non-disclosure of a conflict of interest and a failure to recognise that conflict of interest. The burden of proof was accepted to be on the FSA. Although the FSA submitted that the test was the balance of probabilities, the Tribunal was satisfied that the FSA had made out its case beyond reasonable doubt ...
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D was in a motor vehicle being towed. D admitted that he operated the brake pedals of that vehicle. D made a submission of no case to answer on a charge of driving whilst disqualified. Whilst in retirement the prosecutor informed the court that he had omitted to produce a memorandum of conviction, necessary if the case was to proceed. The court allowed P to reopen his case. D was convicted. It was held D’s actions did properly constitute driving. However, allowing the appeal in part as the prose ...
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In cases of a defence of provocation, the jury must evaluate the gravity of the provocation by starting with the defendant's subjective characteristics and then applying a single, objective standard of the degree of self-control to be expected of a normal person of the defendant's sex and age when assessing whether his loss of self-control was such as to meet the defence. In this case, it was held therefore that the jury could have taken the defendant’s disease of alcoholism into account when ...
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The absence of a condition in an interim ASBO in the final order did not, of itself, mean that breach of that condition was less serious than breach of a condition which was in the final order. The seriousness depended upon all of the circumstances of the breach, including the flagrancy of any breach.
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A defendant convicted of shoplifting after a guilty plea could not also be convicted for breaching an ASBO banning him from “committing any criminal offence”.
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The principle of interpretation in conformity with Community law was applicable to framework decisions adopted under article 34 EU.
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The Tribunal held that it had jurisdiction over a dispute brought pursuant to the Argentina-Luxembourg Bilateral Investment Treaty. Note in particular that Argentina relied on the Barcelona Traction case to argue that shareholders could not bring claims for injuries to the companies in which they hold shares. The Tribunal dismissed this argument, reasoning that Barcelona Traction was a diplomatic protection case, inapplicable to the context of investor-state arbitration under a bilateral inve ...
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The correct test for deciding whether an offence amounted to a grave crime was whether there was more than a vague or theoretical possibility that a sentence of detention for a long period (more than 2 years) might be passed under s 91.
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This practice direction deals with the classification and allocation of crown court matters, the transfer of cases between circuits and the transfer of a case between locations of the crown court.
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Proceedings in an election court were civil in nature, but when serious allegations of corruption or dishonesty were being made the criminal standard of proof should apply.
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