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4 Aug 2008, 9:33 am
Ewing v Director of Public Prosecutions; [2008] WLR (D) 276; [2008] WLR (D) 276 “It was necessary for a person who was the subject of a civil proceedings order to seek leave, under s 42(3) of the Supreme Court Act 1981, to make an application for permission to proceed with a claim for judicial review notwithstanding that the underlying decision he sought to challenge related to a criminal cause or matter. [read post]
7 Dec 2010, 2:26 am by sally
Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216 “The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of… [read post]
28 Jun 2010, 2:22 am by traceydennis
Regina v Brewster  [2010] EWCA Crim 1194; [2010] WLR (D) 159 “Where a party sought to admit evidence of a witness’s bad character which bore only indirectly on his credibility, and that credibility was a matter in issue in the proceedings and of substantial importance in the context of the case as a whole, such evidence was only admissible pursuant to s 100(1)(b) of the Criminal Justice Act 2003 as evidence of substantial probative value on the… [read post]
6 Apr 2020, 6:53 am by Stephen Bilkis
In Matter of Jessica D. v Michael E., the father of a child born in 2007 was in 2008 granted full legal and physical custody based largely on the fact that the mother was struggling with drug abuse. [read post]
29 Jul 2008, 8:36 am
Mosley v News Group Newspapers Ltd [2008] EWHC 1777 (QB); [2008] WLR (D); [2008] WLR (D) 259 “Sado-masochistic behaviour, even where it involved adultery, was not a matter of genuine public interest justifying interference by the media in an individual's private life. [read post]
4 Mar 2009, 2:25 am
R (BA (Nigeria)) v Secretary of State for the Home Department; R (PE (Cameroon)) v Secretary of State for the Home Department [2009] EWCA Civ 119; [2009] WLR (D) 77 “A right of appeal against the Home Office's refusal to revoke a deportation order was exercisable from within the United Kingdom. [read post]
30 Nov 2009, 2:46 am
BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344 "A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was [...] [read post]
1 Jul 2009, 2:56 am
EN (Serbia) v Secretary of State for the Home Department; KC (South Africa) v Secretary of State for the Home Department [2009] EWCA Civ 630; [2009] WLR (D) 213 “The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004, which was made under s 72(4)(a) of the 2002 Act and listed a [...] [read post]
10 Feb 2009, 2:09 am
Child Support Agency v Truman; [2009] WLR (D) 40 “The test for the correct comparator in cases of disability-related discrimination in the employment field under s 3A of the Disability Discrimination Act 1995, was the same as that applied to the housing provisions of the Act by the House of Lords in Lewisham London Borough Council [...] [read post]
11 Feb 2009, 2:22 am
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42 “Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors' meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the [...] [read post]
21 Dec 2020, 1:56 pm by Daily Record Staff
Real property — Foreclosure — Post-sale exception In this appeal from a foreclosure action in the Circuit Court for Prince George’s County, Terry D. [read post]
3 Jan 2012, 4:33 am by tracey
Regina v Barnett; [2011] EWCA Crim 2936;  [2011] WLR (D)  385 “In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. [read post]
25 Aug 2010, 2:31 am by sally
Regina v Varsani [2010] EWCA Crim 1938; [2010] WLR (D) 237 “Where an offender was convicted of being knowingly concerned in the fraudulent evasion of duty on counterfeit cigarettes, contrary to s 170 of the Customs and Excise Management Act 1979, the reference to the retail price of cigarettes ‘of that description’ in s 5(1) of the Tobacco Products Duty Act 1979, as amended, by which the value of the duty was to be calculated, was to the retail… [read post]
18 Nov 2010, 2:07 am by sally
Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291 “Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. [read post]