Post Hearing in UK Law

Leading Cases
  • Huang v Secretary of State for the Home Department; Abu-Qulbain v Same; Kashmiri v Same
    • House of Lords
    • 21 Mar 2007

    In an article 8 case where this question is reached, the ultimate question for the appellate immigration authority is whether the refusal of leave to enter or remain, in circumstances where the life of the family cannot reasonably be expected to be enjoyed elsewhere, taking full account of all considerations weighing in favour of the refusal, prejudices the family life of the applicant in a manner sufficiently serious to amount to a breach of the fundamental right protected by article 8.

  • G v G (Minors: Custody Appeal)
    • House of Lords
    • 25 Apr 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.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Jun 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.

  • Antaios Compania Naviera S.A. v Salen Rederierna A.B.
    • House of Lords
    • 26 Jul 1984

    While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Birkett v James
    • House of Lords
    • 25 May 1977

    To justify dismissal of an action for want of prosecution the delay relied upon must relate to time which the plaintiff allows to lapse unnecessarily after the writ has been issued. A late start makes it the more incumbent upon the plaintiff to proceed with all due speed and a pace which might have been excusable if the action had been started sooner may be inexcusable in the light of the time that has already passed before the writ was issued.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Dec 2000

    That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ...... “hearing centre” means a hearing centre of the County Court; . [Note: ... (f) its name; and . (g) the postal address of any principal place of business. . . . . Company other than ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... or likely proceedings) that, in the opinion of the judge, a hearing by the Supreme Court is justified, or. . . (c) the judge is satisfied ... . . (j) a special post-16 institution (as defined in section 83(2) of the Children and Families ......
  • The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
    • UK Non-devolved
    • January 01, 2008
    ...... “hearing” means an oral hearing and includes a hearing conducted in whole or in ... (g) (g) decide the form of any hearing; . (h) (h) adjourn or postpone a hearing; . (i) (i) require a party to produce a bundle for a hearing; . ......
  • Children and Families Act 2014
    • England & Wales
    • January 01, 2014
    ...... S-9 . Contact: post-adoption 9 Contact: post-adoption . (1) After section 51 of the ... . . (a) for "hearing an application for an order under this Part" substitute "in which an ......
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Books & Journal Articles
  • Post‐qualifying students' experiences of implementing skills acquired from a “hearing voices” module into routine clinical practice
    • Nbr. 6-2, June 2011
    • The Journal of Mental Health Training, Education and Practice
    • 85-92
    Purpose: Previous research into psychosocial interventions courses has identified a problem with the uptake of newly acquired skills into routine practice. This paper seeks to analyse interviews of...
  • Legal systems abuse and coercive control
    • Nbr. 18-1, February 2018
    • Criminology & Criminal Justice
    This article considers how legal engagement can be an opportunity to exercise coercive control over a former intimate partner. Drawing on interviews with 65 women who engaged with the legal system ...
    ...... even expand their repertoire of coercive and controlling behaviours post-separation. I refer to this as legal systems abuse. This article explores ... how expectations of equality of access to justice and fair hearing; concepts that underpin legal processes, can be reconciled with legal ......
  • Asylum Adjudication, Mental Health and Credibility Evaluation*
    • Nbr. 41-3, September 2013
    • Federal Law Review
    This article examines the central role that credibility assessment plays in refugee determinations. It draws on the authors' own empirical study, Tales of the Unexpected, to display the complex way...
    ...... [The] psychologist reported that the Applicant was suffering from post-traumatic stress disorder and depression and that this psychological ... likely to affect his ability to answer questions at an RRT hearing .. . [Nevertheless] [Mr S] did not display an y difficulty in ......
  • Some Recent Developments in Indian Administrative Law
    • Nbr. 50-2, June 1984
    • International Review of Administrative Sciences
    ......process.  On the other hand, the post-auditing of  delegated  legislation  by  Parliament  by . ...the  Maneka  decision  (19)  and  also  to  the . hearing  were  to  be  given  to  the  person . ......
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Law Firm Commentaries
  • Disclosure to non-party of evidence relied on in court
    • JD Supra United Kingdom
    A non-governmental organisation (NGO) has been granted disclosure of evidence relied upon by litigants in concluded judicial review proceedings concerning tobacco packaging (JR). The NGO was not pa...
    ...... to in oral and written submissions and read by the judge in pre- and post-hearing reading. The ruling shows the court using its inherent powers to ......
  • UK Takes Steps to Prepare for Post-Brexit Trade Policy
    • JD Supra United Kingdom
    The government draws closer to establishing the legislation that will be needed after Brexit with the introduction of a new Trade Bill. The Trade Bill has received a first hearing in par...
    ...... Takeaways. . The Trade Bill has received a first hearing in parliament, but not been debated at this stage. . In terms of the future trade agreement between the UK and the EU, the December European ......
  • HSF Team Play Key Role In Significant ICSID Award Dealing With An Intra-EU BIT Case
    • Mondaq UK
    ...... to the Tribunal's jurisdiction over CD's FET claims, and a hearing on jurisdiction was held in January 2016 before a tribunal constituted of ...This was followed by post-hearing briefs and submissions on the relevance of the CJEU's ......
  • First Emergency Arbitration Procedure In China
    • Mondaq UK
    ...... parties' arguments focused on key concerns; and conducting the hearing by teleconference. Wei said he offered the parties a “second chance” o present their cases through the submission of post-hearing briefs before 6pm on the 10th day of proceedings. He also noted ......
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