The Claimant was the landlord of commercial premises which were occupied by the Defendant. Each of the leases contained a break clause and this right was subject to certain conditions being complied with. The Defendant served break notices and the parties then reached a settlement in respect of repairs and decoration. The Claimant subsequently claimed rent arrears and service charge arrears alleging the break notices were not effective. The court held that the Claimant could not resile from the ...
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A decision not to vary an injunction that prevented a family of Romany gypsies from stationing caravans on their land was not perverse as the judge had taken account of the principles in the relevant authorities and had assessed the merits of an appeal against refusal of planning permission that was pending at the time of the hearing.
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Local authority powers (licensing). The local licensing authority was entitled to conclude that Wetherspoon's application to extend its trading hours by three hours a day at its drink-led public house was directly relevant to the authority’s cumulative impact policy (ie, imposing a rebuttable presumption against a grant of longer hours in areas where high levels of licensable activity takes place). It was, accordingly, entitled to conclude that its licensing policy applied to W'etherspoon’s app ...
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When D was on the custody threshold, the fact of prison overcrowding might act as a relevant consideration and lead to a non-custodial sentence, but in cases where custody was clearly called for, it was not a relevant consideration when deciding on sentence length, particularly when a substantial sentence of imprisonment was merited.
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On deciding whether to make a closure order under s.2(3) Anti Social Behaviour Act 2003, the justices ought to apply the civil standard of proof.
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The Tribunal considered the criteria for allowing non-parties to make submissions under Rule 37(2) of the revised ICSID arbitration rules.
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Sentencing guidelines applicable to the supply of a cannabis as a class B drug applied equally now that cannabis had been reclassified to class C.
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The court handed down guidance for Crown Courts when imposing ASBOs post-conviction.
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Proceeds of Crime Act 2002
Interim Administration Order: The Petitioners sought orders relating to civil recovery of property through the unlawful conduct of the Respondents. Court here sought to strike a fair balance between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights. The Respondents argued that what the Scottish Ministers sought to do was a breach of ECHR Article 7 which provides:- "(1) No one shall be guilty of any criminal offence ...
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Criminal Procedure
The accused was indicted to Edinburgh High Court on a charge of attempted murder. There had been extensive earlier procedure in the case. The accused was in custody having had his licence revoked. A fixed trial diet was assigned for 11 January 2006. The trial was due to commence that day at 2pm. The accused was not brought from custody, the Crown seemingly unaware of his status. On discovering the mistake the Advocate Depute sought an adjournment and necessary bail timebar extension by calling t ...
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