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23 Oct 2009, 3:35 am
R v Ghulam; [2009] WLR (D) 303 “The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision's requirement for evidence from two or more registered medical practitioners to be before the court has not been met, [...] [read post]
12 Mar 2009, 3:34 am
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89 “Where a partner entrusted with the responsibility of dealing with all aspects of the firm's professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm's professional indemnity insurer had refused indemnity, was a liability to be [...] [read post]
30 Oct 2012, 4:14 am by sally
The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.” WLR Daily, 25th October 2012 Source: www.iclr.co.uk [read post]
6 Jun 2012, 3:00 am by sally
Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168 “In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. [read post]
16 Jul 2012, 3:48 am by sally
E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204 “In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by… [read post]
30 Apr 2007, 5:41 pm
See id., slip op. at 1.So it is no surprise that in a daily journal entry posted today, CAAF summarily reversed Thomas and remanded the case to NMCCA "for consideration in light of United States v. [read post]
6 Mar 2012, 3:08 am by sally
Regina v B [2012] WLR (D) 56 “For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.” WLR Daily, 29th February 2012 Source: www.iclr.co.uk [read post]
4 Aug 2011, 2:42 am by sally
” WLR Daily, 27th August 2011 Source: www.iclr.co.uk [read post]
7 Jul 2011, 2:56 am by sally
” WLR Daily, 28th June 2011 Source: www.iclr.co.uk [read post]
24 Oct 2011, 2:53 am by sally
Brough v Law and another [2011] EWCA Civ 1183; [2011] WLR (D) 300 “A maintenance assessment under which an absent parent was liable to pay maintenance in respect of a qualifying child to the parent with care did not end as a result of a brief reconciliation between the parents within paragraph 16(1)(b) of Schedule 1 to the Child Support Act 1991 as read with section 3 of that Act.” WLR Daily, 20th October 2011 Source: www.iclr.co.uk [read post]
22 Jul 2011, 1:41 am by sally
” WLR Daily, 19th July 2011 Source: www.iclr.co.uk [read post]
16 Nov 2011, 2:26 am by sally
R v Carpenter [2011] EWCA Crim 2568; [2011] WLR (D) 328 “In cases of joint enterprise where the use of a particular weapon was foreseen but the secondary party did not share or foresee the intention with which it was used, the availablity of manslaughter remained as a possible alternative verdict to murder.” WLR Daily, 11th November 2011 Source: www.iclr.co.uk [read post]
2 Mar 2012, 2:57 am by tracey
Regina v S(C): [2012] EWCA Crim 389;  [2012] WLR (D)  54 “Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.” WLR Daily, 29th February 2012 Source: www.iclr.co.uk [read post]
12 Oct 2011, 2:47 am by sally
HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290 “There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.” WLR Daily, 6th October 2011 Source: www.iclr.co.uk [read post]
10 Feb 2012, 2:53 am by tracey
Blight and others v Brewster: [2012] EWHC 165 (Ch);  [2012] WLR (D)  26 “Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.” WLR Daily, 9th February 2012 Source: www.iclr.co.uk [read post]
5 Jan 2012, 3:41 am by tracey
Regina v James and another; [2011] EWCA Crim 2991;  [2011] WLR (D)  389 “Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.” WLR Daily, 21st December 2011… [read post]