Writ of habeas corpus issued in relation to alleged terror suspects subject to deportation proceedings on the basis that acquittals in the requesting State had undermined the extradition process.
|
D, 13 at the time of the alleged offence was charged along with 4 others (14 at the time) of sexual assault under s.13 Sexual Offences Act 2003. It was alleged that during a party they followed a 13 year old girl into a lavatory, fondled her br--sts and inserted a vib--tor into her va--na. The assault lasted approximately 5 minutes and alcohol appeared to play a significant part. The Youth Court declined jurisdiction. Held: The decision was wrong in law. The incident lasted for only a short time ...
|
Mitigation in certain cases may well justify a substantial departure from established sentencing guidelines. Judges should not hesitate to impose the right sentence merely because they fear a reference to the Court of Appeal by the Attorney General. Nor should the Attorney General ignore the fact that a substantial departure from guideline sentences will not automatically justify intervening.
|
The MC does not have power under s.75(2) of the MCA 1980 to allow D further time to pay a Confiscation Order made under the CJA 1988 by the CC and consequently power to vary the date from which interest on the Confiscation Order begins to accrue.
|
ADMINISTRATION OF JUSTICE. Human Rights – Inquests. The Court of Appeal had erred in concluding that, by virtue of the Human Rights Act 1998 s.3, the Coroners Act 1988 s.11(5)(b)(ii) has had, since the coming into force of the 1998 Act, to be interpreted to require an inquest complying with the United Kingdom's international obligations under the European Convention on Human Rights 1950 Art.2, no matter when the death occurred.
|
When allowing a prosecution appeal against the grant of bail, crown courts must take note of s.128A Magistrates’ Court Act 1980 in respect of remands in custody for more than 8 days.
|
The appellant had breached an undertaking to the court in respect of contact with his children and other issues involving a separation with his wife. The appellant was committed for contempt of court and appealed against his 3 month imprisonment. He was unrepresented. In the absence of unreasonable behaviour the defendant was entitled to legal representation and usually an adjournment should be granted for representation to be sought. When it became clear that the appellant had sough a review of ...
|
The remuneration of a trustee in bankruptcy was ordered to be fixed on the basis of time spent, but reductions were made for time claimed for communicating with lawyers and attending the execution of a possession order. A substantial reduction was made for the time claimed for preparing and reviewing the time costs themselves which, amounting to a quarter of the total remuneration, had been grossly disproportionate.
|
The appellant appealed against a finding that he had not acquired title to a site by adverse possession. Held that a solicitor’s letter seeking to ascertain the owners intention with respect to his property did not amount to an acknowledgment of title for the purposes of a claim for adverse possession as the solicitor had been writing not on behalf of the person in possession but in behalf of that persons company.
|
On the proper construction of r.267 Insolvency Rules 1986 non-domestic rates for retail premises occupied by a company whilst in administration ranked as expenses of the administration.
|
| 1 2 3 4 5 6 7 8 9 10 ... |