Best Efforts in UK Law

Leading Cases
  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 Octubre 2007

    The weight to be given to these competing interests will depend upon the facts of the case, but there can in time of peace be no public interest which is more weighty than protecting the state against terrorism and, on the other hand, the Convention rights of the individual which may be affected by the orders are all themselves qualified by the requirements of national security.

    Both judge and special advocates will have to probe the claim that the closed material should remain closed with great care and considerable scepticism. There is ample evidence from elsewhere of a tendency to over-claim the need for secrecy in terrorism cases: see Serrin Turner and Stephen J Schulhofer, The Secrecy Problem in Terrorism Trials, 2005, Brennan Centre for Justice at NYU School of Law.

    I agree further that the special advocate procedure, highly likely though it is that it will in fact safeguard the suspect against significant injustice, cannot invariably be guaranteed to do so.

  • Gestmin SGPS S.A. v Credit Suisse (UK) Ltd and Another
    • Queen's Bench Division (Commercial Court)
    • 15 Noviembre 2013

    But its value lies largely, as I see it, in the opportunity which cross-examination affords to subject the documentary record to critical scrutiny and to gauge the personality, motivations and working practices of a witness, rather than in testimony of what the witness recalls of particular conversations and events.

  • Doncaster Pharmaceuticals Group Ltd v Bolton Pharmaceutical Co 100 Ltd
    • Court of Appeal (Civil Division)
    • 26 Mayo 2006

    "diversionary tactics designed to try to avoid summary judgment," of introducing "red herrings" and of having used their "best efforts to make the matter appear to be complicated." It was submitted that the case nevertheless "remains a matter appropriate for summary disposal." But already the seeds of doubt have been sown about how open and shut the case really is and whether the court should set out along summary judgment road at all.

  • R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
    • Court of Appeal (Civil Division)
    • 20 Julio 2001

    She says that although Askham Grange is set in attractive grounds, it is nonetheless a prison and has to operate in the manner of an institution which must preserve good order and discipline. There are occasional disagreements between mothers caused by the stress of having to live with their children in such an environment. If a perception develops that one prisoner is getting special attention because of the needs of their child, this can cause disagreement within the unit.

  • Jaroo v Attorney General of Trinidad and Tobago
    • Privy Council
    • 04 Febrero 2002

    Section 14(1) of the Constitution declares that, without prejudice to any other action with respect to the same matter which is lawfully available, a person may apply to the High Court for redress by originating motion in such circumstances. This procedure enables the person who seeks a quick judicial remedy to avoid the delay and expense which a trial of the case by means of an ordinary civil action will involve.

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Legislation
  • European Union (Future Relationship) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... —(a) the PIU must permanently delete it as soon as possible, using best efforts, taking into account the special circumstances referred to in ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... (b) the court is satisfied that, despite having made all reasonable efforts, the defendant is unable to pay the amount to which the specified period ... behaviour in question, A believed that he or she was acting in B's best interests, and ... (b) the behaviour was in all the circumstances ... ...
  • United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024
    • Scotland
    • 1 de Enero de 2024
    ... ... are able to receive information and express themselves in ways that best meet their needs (in relation to speech, language or otherwise) ... (4) ... Article 18 Article 18 ... 1 States Parties shall use their best efforts to ensure recognition of the principle that both parents have common ... ...
  • The Alternative Investment Fund Managers Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... of which would have been unavoidable despite all reasonable efforts to the contrary ... (4) The depositary is not required to comply with ... by the AIF and of the information in paragraph (3) ; and(b) use its best efforts to ensure the board of directors complies with its request ... ...
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Books & Journal Articles
  • Social media engagement tactics in U.S. community policing: Potential privacy and security concerns
    • No. 94-4, December 2021
    • Police Journal: Theory, Practice and Principles
    Despite law enforcement’s best efforts to use social media as a means of community policing, some engagement tactics may lead citizens to disclose personally identifiable information (PII). We code...
    ... ... of Tennessee, Knoxville, TN, USAAbstractDespite law enforcement’s best efforts to use social media as a means of communitypolicing, some ... ...
  • Utilizing discovery tools for classrooms: how do librarian attitudes on discovery impact tools they teach?
    • No. 32-1, March 2015
    • Library Hi Tech News
    • 8-12
    Purpose: – The purpose of this paper is to examine the utilization of discovery tools in classrooms with the aim of trying to assess the attitude toward them. Design/methodology/approach: – The me...
    ... ... confusing andyet still not have the capacity to judgewhich system is best for which search,driving them even farther away fromlibrary resources in ... and referencepreference (Figures 8 and 9).Despite my best efforts to look at thedata from all angles, I found nostatistical significance in ... ...
  • A timeline toolkit for cold case investigations
    • No. 10-2, May 2020
    • Journal of Criminal Psychology
    • 47-63
    Purpose: The purpose of this paper is to outline a variety of related methods for helping with criminal (cold) case investigations. Despite the best efforts of police investigations, many cases aro...
    ... ... forhelping with criminal(cold) case investigations.Despite the best efforts of police investigations,many cases around the worldrun out of ... ...
  • Let's talk about adhd in a CRC
    • No. 17-2, September 2021
    • British Journal of Community Justice
    • Jane Wood
    • Montfort University
    • 104-118
    Increasingly the demanding nature of Attention Deficit Hyperactivity Disorder (ADHD) is being acknowledged as having a lifelong impact. This paper reflects upon two specific areas of communication ...
    ... ... Despite the best efforts of the CRC staff, evidence suggested that overall there was poor ... ...
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Law Firm Commentaries
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Forms
  • Order
    • HM Courts & Tribunals Service court and tribunal forms
    Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).
    ... ... What efforts have been made to put ... each respondent on notice of the ... The facts in this application are true to the best of my knowledge and belief ... and the opinions set out are my own ... ... ...
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