Author Archives: dls

Coxon -v- Manchester City Magistrates Court; Admn 11-Mar-2010

The defendant appealed against his conviction for driving with excess alcohol, saying that the intoximeter used had not received type approval as required.

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Filed under Road Traffic

Lee Ting Sang -v- Chung Chi-Keung; PC 8-Mar-1990

(Hong Kong) The Board considered the conclusion that the applicant stone mason was not an employee of the defendant: ‘even if I leaned towards the opposite conclusion, it would nevertheless be quite impossible for me to say that no tribunal … Continue reading

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Filed under Commonwealth, Employment

Regina -v- Hancox and Another; CACD 4-Feb-2010

The defendants appealed against the imposition on them of serious crime prevention orders under section 19 of the 2007 Act.Held: The appeals failed. To make the order, the court must satisfy itself that it had reasonable grounds to believe that … Continue reading

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Filed under Criminal Sentencing, Human Rights

Wai Yu-tsang -v-The Queen; PC 14-Oct-1991

(Hong Kong) The defendant was chief accountant in a bank. He caused to be made false entries to fail to reflect the dishonouring of substantial cheques. He was charged alone on an allegation of conspiracy. His defence was that he … Continue reading

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Filed under Commonwealth, Crime

Fox -v- Chief Constable of Gwent; Regina -v- Fox; HL 1986

The driver left an accident. The police entered his home unlawfully, and on his refusal to supply a breath test, he was arrested and charged with faiing to supply.Held: A lawful arrest is not an essential requirement before a breath … Continue reading

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Filed under Criminal Evidence, Road Traffic

NLW -v- ARC; FD 13-Jan-2012

The former wife sought leave to appeal against an ancillary relief order made by consent. The husband did not attend.Held: The new rules intended to align family procedures with the CPR as applies for appeals to the Court of appeal. … Continue reading

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Filed under Family

Hudson -v- Leigh; FD 5-Jun-2009

The claimant sought a decree of divorce. The ceremony had been a religious one in Cape Town. They had intended it to be followed by a ceremony in a register office in England, but this did not happen. The pastor … Continue reading

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Filed under Family

Rugby Football Union -v- Viagogo Ltd; CA 20-Dec-2011

The Union complained that the defendant operators of a web-site had permitted the sale of its tickets at far above their face value. The Court considerer whether it was proper to make a Norwich Pharmacal order which would entail the … Continue reading

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Filed under Contract, Information, Litigation Practice

Kovats -v- TFO Management Llp and Another; EAT 21-Apr-2009

EAT JURISDICTIONAL POINTS: Worker, employee or neitherCan a partner in a limited liability partnership be an employee? The EAT decided that on the facts of the case the Appellant was a partner in a limited liability partnership and not an … Continue reading

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Filed under Company, Employment

Wilkinson and Others, Regina -v-, Attorney-General?s Reference No 43 of 2009; CACD 6-Oct-2009

The court examined the provisions distinguishing between sentences of imprisonment for life and imprisonment for public protection (IPP) in cases involving very serious gun and drugs crimes.Held: The Avis case guidelines remained valuable, but this case involved the large scale … Continue reading

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Filed under Criminal Sentencing