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The Court of Appeal had held that the evidence emerging during the de Silva review had not been sufficient to revive (in accordance with Brecknell v United Kingdom (32457/04) (2008) 46 EHRR 42, [2007]) the art 2 procedural or investigative obligation. [read post]
21 Mar 2019, 3:04 pm by Giles Peaker
However, as it went to the jurisdiction of the county court, the ground was allowed to proceed and thus fell under the exceptions to the rule of ‘no new ground of law not argued below’ in Pittalis v Grant (1989) QB 605. [read post]
18 Mar 2019, 4:00 am by Public Employment Law Press
As the Appellate Division characterized Probationer's appointment as being "subject to [satisfactory completion of] a one-year probationary period," presumably his probationary period fell within the ambit of 4 NYCRR 4.5(b)(1) by operation of law.The decision is posted on the Internet at:http://www.nycourts.gov/reporter/3dseries/2019/2019_01692.htm [read post]