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 Marzo 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 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.

  • Piglowski v Piglowski
    • House of Lords
    • 24 Junio 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 Julio 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 Noviembre 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 Mayo 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.

  • Swain v Hillman
    • Court of Appeal (Civil Division)
    • 21 Octubre 1999

    It is important that a judge in appropriate cases should make use of the powers contained in Part 24. It saves expense; it achieves expedition; it avoids the court's resources being used up on cases where this serves no purpose, and I would add, generally, that it is in the interests of justice. If a claimant has a case which is bound to fail, then it is in the claimant's interests to know as soon as possible that that is the position.

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  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... made by the Secretary of State under introductory rule 5;“hearing centre” means a hearing centre of the County Court;[Note: ... (1) A document is delivered if it is sent by post in accordance with the provisions of this rule ... (2) First class or ... ...
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under ... ...
  • Children and Families Act 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... 8 in force at 25.7.2014 by S.I. 2014/889, art. 6(d) ... 9: Contact: post-adoption ... (1) After section 51 of the Adoption and Children Act 2002 ... up timetable and give directions to implement it) —(a) for “hearing an application for an order under this Part” substitute “ in which an ... ...
  • Education (Wales) Act 2014
    • Wales
    • 1 de Enero de 2014
    ... ... is ineligible to register, or(c) disqualified from working in a post equivalent to the category of registration for which registration is ... that there is (or may be) a case to answer—(i) to hold a hearing in respect of the case, or(ii) with the consent of the person to whom the ... ...
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Books & Journal Articles
  • Post‐qualifying students' experiences of implementing skills acquired from a “hearing voices” module into routine clinical practice
    • No. 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
    • No. 18-1, February 2018
    • Criminology & Criminal Justice
    • 0000
    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*
    • No. 41-3, September 2013
    • Federal Law Review
    • 0000
    ... ... [The] psychologist reported that the Applicant was suffering from post-traumatic stress disorder and depression and that this psychological state ... likely to affect his ability to answer questions at an RRT hearing ... [Nevertheless] [Mr S] did not display an y difficulty in ... ...
  • When All Attempts to Settle Fail: Arbitration
    • Construction Disputes. Seeking Sensible Solutions
    • Wayne Clark
    • 103-125
    The priority for the tribunal, and for the parties, is to ensure an efficient and cost-effective arbitration. A sound starting point for an efficient arbitration is the arbitration agreement. If th...
    ... ... – indeed the honour – of taking part in a mock arbitral hearing as the shadow arbitrator. It was an exhilarating and rewarding experience, ... the hearing at 10 p.m., with closing statements being submitted as post-hearing briefs a week later ... he Claimant was not pleased with the ... ...
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Law Firm Commentaries
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  • Acknowledgment (Section 54 Human Fertilisation and Embryology Act 2008)
    • HM Courts & Tribunals Service court and tribunal forms
    Standard directions forms under the Children Act.
    ... ... The court will send you a Notice of Hearing separately ... • return this acknowledgment to the court at the address ... from the date you were given the Notice of Hearing ... or of the post mark on the envelope, if the Notice was posted to you ... To the court: ... ...
  • Application to be released on SIAC bail (SIAC B1)
    • HM Courts & Tribunals Service court and tribunal forms
    Special Immigration Appeals Commission forms including notice of appeal.
    ... ... If yes, have you been refused bail ... at a hearing within the last 28 ... The address where you plan or ... the Home Office ... ...
  • Request for judgment Summons
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... Defendant’s ... address(1) ... Issue date: ... Hearing date: ... enter names ... and addresses of ... all defendants ... against ... sent this request to the court ... 6 If service by post is required tick here ... I request that the defendant(s) named here be ... ...
  • Withdrawal Form (Except for PoCA and PoVA Cases)
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to First-tier Tribunal (Care Standards), including appeal forms.
    ... ... complete this form in CAPITAL LETTERS or type and either return it by post, email or fax, details at the end ... of this form ... A – Appellant ... • 28 days after the date of the hearing at which the case was withdrawn orally ... Care Standards contact details ... ...
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