Effect of Inelligible Jury Member:
Counsel for the appellant submits that from the mere fact that the juror in question was ineligible an informed and objective observer would conclude that the proceedings lacked an appearance of impartiality and that the verdict of the jury constituted a miscarriage of justice. Section 1(4)of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1980 which seemed to suggest otherwise had now to be read subject to the fair trial provisions of the Convention. The advocate depute submitted that i ...
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Public Communication of Information: This was the first criminal action taken by the FSA under section 397 of FSMA 2000 in relation to individuals making statements to the market knowing them to be misleading, false or deceptive for the purpose of inducing another person to exercise or to refrain from exercising their rights in relation to investments.
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The opposition to the application to register MIRTILLO as a trade mark was successful under s.5(2)(b), on the basis of the earlier mark MIRTO for similar goods. The two marks had visual, aural and conceptual similarity and there was a likelihood of confusion.
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Where a LA wanted reporting restrictions on the identity of the F of a 6-year-old girl whose M had been murdered by F in gruesome circumstances, the court had to balance the right to respect for private and family life (Art.8 ECHR) against the right to freedom of expression (Art.10), according to the test in Re S (a child) (Identification: Restrictions on Publication) [2004] UKHL 47, [2005] 1 AC 593.
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The graduated fees scheme, used to calculate criminal advocates’ fees, was to be applied without regard to the old system of briefs and refreshers.
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A sentence of 3 years’ imprisonment for causing GBH with intent was unduly lenient. In the circumstances, D had to expect a substantial period of imprisonment. The offence was a serious assault with a weapon that had been capable of causing, and did so cause, severe injury. The assault had been a persistent and frenzied attack, which had been wholly unprovoked by the victim. An offence of this kind could expect to carry a sentence in the region of 6 years’ imprisonment. Allowing for double jeopa ...
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(1) Under s.3(1) Prevention of Corruption Act 1987, it was not necessary to prove that any person serving under the state or other public body, or holding a public office, was aware of the improper offer having been made, or the bribe having been passed, provided that the apparent purpose of the transaction was to affect the conduct of such a person corruptly. (2) D had been entitled to the benefit of a conventional direction on credibility which had not been given. Although the CA had been rig ...
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The FSA fines Bear Stearns £40,000 for failing to report transactions pursuant to section 206 of FSMA 2000.
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Big money. Exceptional facts leading to departure from yardstick of equality on the basis of special (or ‘stellar’) contribution. Lambert v Lambert 2002 CA applied.
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Delegated legislation which amended and extended primary legislation to create a new criminal offence was ultra vires.
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