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23 Dec 2022, 3:14 am by Family Law
” Though she didn’t write it, Wynette lived the lyrics of “D-I-V-O-R-C-E,” having been... [read post]
19 Nov 2010, 3:26 am by traceydennis
C v D and another [2010] EWHC 2940 (Ch); [2010] WLR (D) 292 “A time-limited offer was not capable of being an offer within the meaning of CPR Pt 36, which established that an offer must be capable of acceptance unless and until withdrawn by service of a notice within CPR r 36.9(2). [read post]
5 Jan 2011, 1:27 am by sally
Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347 “Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying… [read post]
29 Oct 2012, 4:59 am by sally
Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293 “Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of… [read post]
8 Jan 2009, 1:42 am
C v W [2008] EWCA Civ 1459; WLR (D) 4 “There was nothing unreasonable in a simple conditional fee agreement entered into between a claimant and her solicitor when liability had already been admitted by the defendant in the proceedings provided that the parties had made a proper assessment of the inevitably much reduced risk of [...] [read post]
22 Jun 2009, 1:31 am
R v T; R v B; R v C; R v H [2009] EWCA Crim 1035; [2009] WLR (D) 19 “A criminal trial without a jury did not contravene a defendant's right to a fair trial where there was a real danger of jury tampering and proposed measures to prevent such interference did not sufficiently address [...] [read post]
20 Jul 2010, 2:25 am by sally
Regina (GC) v Commissioner of Police of the Metropolis; Regina (C) v Same [2010] WLR (D) 193 “When it was not possible to reconcile a decision of the House of Lords in relation to the proportionality and legitimacy of the indefinite retention on the United Kingdom’s Police National Computer of biometric data obtained in the course of criminal investigations with a subsequent holding by the European Court of Human Rights that the policy was unlawful,… [read post]
3 Aug 2009, 2:41 am
R v C [2009] UKHL 42; [2009] WLR (D) 272 “The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability. [read post]
23 Nov 2009, 2:22 am
Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) [2009] WLR (D) 338 "Airline passengers whose flights were delayed by more than three hours were entitled to compensation. [read post]
22 Jan 2009, 2:30 am
Stringer and others v HM Revenue and Customs (Case C-520/06); Schultz-Hoff v Deutsche Rentenversicherung Bund (Case C-350/06); [2009] WLR (D) 13 “Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid [...] [read post]
2 Aug 2010, 2:38 am by sally
Regina v B (F); Same v P (A); Same v C (J) [2010] EWCA Crim 1857; [2010] WLR (D) 21 “A judge sitting in the Crown Court had no power to quash an indictment simply because he did not believe that the proceedings were appropriately brought or were not in the public interest when compared with his assessment of the needs of other cases and that had not changed as a result of the introduction of the Criminal Procedure Rules 2010. [read post]
31 Jan 2012, 2:01 am by sally
Regina v H (J); Same v Ferris; Same v W (A); Same v Walker; Same v Dan; Same v S (C); Same v Robertson; Same v P (M) [2011] EWCA Crim 2753; [2012] WLR (D) 12 “In principle, in historic or cold cases, a defendant had to be sentenced in accordance with the sentencing regime applicable at the date of sentence. [read post]
25 Jan 2012, 2:04 am by sally
Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5 “At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when… [read post]