A Taxing Master’s refusal of a certificate for point of principle on taxation is reviewable. Henry LJ: ‘Counsel for the Taxing Master conceded that such a jurisdiction existed but submitted that it should be restricted to cases where there had been a real injustice. I agree with both that concession and, in general terms, with … Continue reading Regina v Supreme Court Taxing Office Ex Parte John Singh and Co: QBD 3 May 1995
Justices have no power, when commit a child to the care of a Local Authority to specify at the same time, where the child was to reside. Citations: Gazette 08-Feb-1995, Times 01-Dec-1994 Statutes: Children and Young Persons Act 1969 23 Children, Criminal Sentencing Updated: 15 May 2022; Ref: scu.79217
The remand of a young person to prison is to be used protect the public not to prevent the commission of offences. Citations: Times 03-May-1995 Statutes: Children and Young Persons Act 1969 23(5) Criminal Sentencing Updated: 09 April 2022; Ref: scu.86489
Prosecution to prove absence of genuine belief To convict a defendant under the 1960 Act, the prosecution had the burden of proving the absence of a genuine belief in the defendant’s mind that the victim was 14 or over. The Act itself said nothing about any mental element, so the assumption must be that mens … Continue reading B (A Minor) v Director of Public Prosecutions: HL 23 Feb 2000
The claimant appealed against dismissal of her claim. She had been head of Child Services at Haringey. After the notorious violent death of Baby P, the Secretary of State called for an inquiry under the Act. He then removed her as director. She claimed that the dismissal was unfair, not having been given opportunity to … Continue reading Shoesmith, Regina (on The Application of) v OFSTED and Others: CA 27 May 2011
The claimant had been abused as a child by foster parents with whom she had been placed by the respondent authority. The court was now asked, the Council not having been negligent, were they in any event liable having a non-delegable duty of care . .
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