Hearing in UK Law

In this Topic
Leading Cases
  • Biogen Inc. v Medeva Plc
    • House of Lords
    • 31 Outubro 1996

    His expressed findings are always surrounded by a penumbra of imprecision as to emphasis, relative weight, minor qualification and nuance ( as Renan said, la v�rit� est dans une nuance), of which time and language do not permit exact expression, but which may play an important part in the judge's overall evaluation.

  • Locobail (U.K.) Ltd v Bayfield Properties Ltd
    • Court of Appeal (Civil Division)
    • 17 Novembro 1999

    By contrast, a real danger of bias might well be thought to arise if there were personal friendship or animosity between the judge and any member of the public involved in the case; or if the judge were closely acquainted with any member of the public involved in the case, particularly if the credibility of that individual could be significant in the decision of the case; or if, in a case where the credibility of any individual were an issue to be decided by the judge, he had in a previous case rejected the evidence of that person in such outspoken terms as to throw doubt on his ability to approach such person's evidence with an open mind on any later occasion; or if on any question at issue in the proceedings before him the judge had expressed views, particularly in the course of the hearing, in such extreme and unbalanced terms as to throw doubt on his ability to try the issue with an objective judicial mind (see Vakauta v. Kelly (1989) 167 CLR 568); or if, for any other reason, there were real ground for doubting the ability of the judge to ignore extraneous considerations, prejudices and predilections and bring an objective judgment to bear on the issues before him.

  • Reckitt and Colman Products Ltd (t/a Colmans of Norwich) v Borden Inc. and Others
    • House of Lords
    • 08 Fevereiro 1990

    First, he must establish a goodwill or reputation attached to the goods or services which he supplies in the mind of the purchasing public by association with the identifying "get-up" (whether it consists simply of a brand name or a trade description, or the individual features of labelling or packaging) under which his particular goods or services are offered to the public, such that the get-up is recognised by the public as distinctive specifically of the plaintiff's goods or services.

  • G v G (Minors: Custody Appeal)
    • House of Lords
    • 25 Abril 1985

    All these various expressions were used in order to emphasise the point that the appellate court should only interfere when they consider that the judge of first instance has not merely preferred an imperfect solution which is different from an alternative imperfect solution which the Court of Appeal might or would have adopted, but has exceeded the generous ambit within which a reasonable disagreement is possible.

  • English v Emery Reimbold & Strick Ltd
    • Court of Appeal (Civil Division)
    • 30 Abril 2002

    It follows that, if the appellate process is to work satisfactorily, the judgment must enable the appellate court to understand why the Judge reached his decision. This does not mean that every factor which weighed with the Judge in his appraisal of the evidence has to be identified and explained. But the issues the resolution of which were vital to the Judge's conclusion should be identified and the manner in which he resolved them explained.

  • Connelly v DPP
    • House of Lords
    • 21 Abril 1964

    There can be no doubt that a court which is endowed with a particular jurisdiction has powers which are necessary to enable it to act effectively within such jurisdiction. I would regard them as powers which are inherent in its jurisdiction. A court must enjoy such powers in order to enforce its rules of practice and to suppress any abuses of its process and to defeat any attempted thwarting of its process.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Junho 1999

    These reasons should be read on the assumption that, unless he has demonstrated the contrary, the judge knew how he should perform his functions and which matters he should take into account. An appellate court should resist the temptation to subvert the principle that they should not substitute their own discretion for that of the judge by a narrow textual analysis which enables them to claim that he misdirected himself.

See all results
Legislation
See all results
Books & Journal Articles
  • The Hearing
    • Part III. Administration and Adjudication
    • War Pensions and Armed Forces Compensation. Law and Practice - 2nd Edition
    • Andrew Bano
    • 235-247
  • The Hearing
    • Part 3. Hearings
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 203-234
  • Hearing voices and befriending schemes
    • No. 15-4, November 2011
    • Mental Health and Social Inclusion
    • 160-164
    Purpose: This Research Watch seeks to summarise two recent research papers. The first examines the case for understanding hearing voices as part of normal experience, while the second looks at befr...
  • Awaiting Court Hearing
    • No. 5-2, June 1972
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
See all results
Law Firm Commentaries
See all results
Forms
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT