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4 Dec 2009, 2:45 am by traceydennis
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350 “A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. [read post]
16 Jun 2010, 1:31 am by sally
Bank Mellat v HM Treasury [2010] EWHC 1332 (QB); [2010] WLR (D) 148 “The powers conferred on HM Treasury by Sch 7 to the Counter-Terrorism Act 2008 to give directions by order to persons operating in the United Kingdom financial sector could be lawfully exercised without allowing persons likely to be adversely affected by the order an opportunity to make prior representations; and the test of proportionality applied by para 9(6) of Sch 7 to the requirements imposed… [read post]
13 Mar 2012, 3:35 am by sally
However, in order not to undermine the practical effect of, or the objectives pursued by, Council Directive 1999/70/EC, the member state concerned had to ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration was not accompanied by material amendments to the clauses of the previous contract in a way which was, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of… [read post]
25 Oct 2010, 2:30 am by sally
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262 “In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of… [read post]
7 Mar 2011, 12:26 pm
The light pole was owned by the City of Chicago, who was then the defendant in the Illinois personal injury lawsuit brought as a result of Noni's injuries; Noni Brown, a minor v. [read post]
15 Dec 2015, 4:00 am
To corroborate his defense, he offers into evidence a surveillance videotape showing a person resembling Mr. [read post]
20 Dec 2015, 4:00 am
In its defense, Mechanic Shop calls its Manager to testify that before Plaintiff picked up the car, a Mechanic personally tested the brakes to ensure that they worked properly. [read post]
11 Dec 2015, 4:00 am
The statement is made out of court so the “declarant” (person who made the statement) is unable to be cross-examined.The tricky part: hearsay may be admitted if the statement is not offered prove the truth of what was actually asserted. [read post]