Public International: In an award dated December 8, 2000 an ICSID Tribunal found that Egypt had expropriated certain investments of Wena Hotels Ltd. On October 31 2005 the tribunal gave an award interpreting the earlier award, under Article 50(1) of the ICSID Arbitration Rules. This is the first ever decision under Article 50(1).
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Where a prisoner was released on licence as the result of a mistake on the order for his impt, that period of release on licence did not equal a period in custody for the purpose of calculating release dates.
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The court had to determine a dispute between the freeholder of County Hall and the tenant which trades as the Saatchi Gallery. It was held that the Defendant had breached the terms of the tenancy in that it had displayed signs and works of art in areas outside its demise. It had aso braches the terms of the lease in making a two for one ticket offer. The actions of the Defendant meant that it was not entitled to relief from forefeiture.
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The Secretary of State did have the power after 4/4/05 to recall to prison those released on license before that date.
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D was seen to be warning motorists of a speed trap and was subsequently convicted of obstructing a police constable in the execution of his duty. His conviction was quashed, it being held that in order for the charge to succeed the prosecution must prove either that the motorists warned were in fact speeding or were likely to be speeding at that location.
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Theft could indeed be classed as anti-social behaviour dependent upon the facts. However, for the offence D was convicted of, no such harassment, alarm or distress had been caused. Accordingly, section 1C CDA 1998 was not triggered and an ASBO should not have been made.
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An application by police for a closure order in respect of premises where drugs had been used unlawfully could be adjourned pursuant to s 54 MCA 1980 for longer than the 14-day limit provided for in the Anti-Social Behaviour Act 2003 if necessary in the interests of justice.
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In accordance with s.269 and Sch.21 CJA 2003 the D would serve a minimum of 40 years before being eligible for release on licence.
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Under a section 4(a) POA 1986 charge, the criminal law should only be invoked if it was established that the conduct amounted to such a threat to public order to require the involvement of the criminal law, and not merely the civil law. The prosecution had to demonstrate that the prosecution was being brought in pursuance of a legitimate aim and was the minimum necessary to achieve that aim. The court had carefully to consider and to set out the reasons why it had reached the conclusion that the ...
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In respect of an application by R to adduce evidence of the defendant’s previous convictions, the judge had been wrong to admit evidence of the methods used by a defendant, because the officer who produced the evidence did not have personal knowledge of the methods used (s.117(2)(b) CJA 2003). Such evidence was dependant on the complainants. Although the ‘methods used’ should not have been admitted the previous convictions and their nature was properly before the jury. The convictions were not u ...
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