Conclusive Evidence in UK Law
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Hunter and Others v Chief Constable of West Midlands
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R (M and another) v Lambeth London Borough Council and another
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But the question whether a person is a "child" is a different kind of question. There is a right or a wrong answer. It may be difficult to determine what that answer is. The decision-makers may have to do their best on the basis of less than perfect or conclusive evidence. But that is true of many questions of fact which regularly come before the courts. That does not prevent them from being questions for the courts rather than for other kinds of decision makers.
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Springwell Navigation Corporation (A Body Corporate) v (1) Jp Morgan Chase Bank (A Body Corporate) (Formerly Known as the Chase Manhattan Bank) (2) Jp Morgan Europe Ltd (Formerly Known as Chase Manhattan International Ltd) and Others
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Unless Lowe v Lombank is authority to the contrary, there is no legal principle that states that parties cannot agree to assume that a certain state of affairs is the case at the time the contract is concluded or has been so in the past, even if that is not the case, so that the contract is made upon the basis that the present or past facts are as stated and agreed by the parties.
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Suffolk County Council v Mason
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The entry on the definitive map does not necessarily remain conclusive evidence for ever. Section 33 makes provision for quinquennial revisions—though these do not appear in practice to have been carried out punctually. On a revision, entries on the definitive map which require modification as a result of events that have occurred since the date of the last revision may be modified accordingly.
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Powell v Streatham Manor Nursing Home
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HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
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The difficulty of course is that, where the later contract is intended to supersede the prior contract, it may in the generality of cases simply be useless to try to construe the later contract by reference to the earlier one. Where the later contract is identical, its construction can stand on its own feet, and in any event its construction should be undertaken primarily by reference to its own overall terms.
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Beaufort Developments (NI) Ltd v Gilbert Ash (NI) Ltd
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But in all other respects, where a party comes to the court in the search of an ordinary remedy under the contract or for a remedy in respect of an alleged breach of it, the court is entitled to examine the facts and to form its own opinion upon them in the light of the evidence. The fact that the architect has formed an opinion on the matter will be part of the evidence. But, as it will not be conclusive evidence, the court can disregard his opinion if it does not agree with it.
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The Russia (Sanctions) (EU Exit) Regulations 2019
... ... (2) If evidence is adduced which is sufficient to raise an issue with respect to the ... the evidence in question came to the prosecutor's knowledge is conclusive evidence of the date on which it did so; and a certificate to that effect ... ...
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Bills of Lading Act 1855
... ... 3: Bill of Lading in Hands of Consignee, &c. conclusive Evidence of Shipment as against Master, &c. Proviso ... Every bill of ... ...
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Ministers of the Crown (Transfer of Functions) Act 1946
... ... of the Order to the Minister issuing the certificate shall be conclusive ... evidence of the transfer ... Change of title of Ministers.2 Change of ... ...
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Bankruptcy Act 1869
... ... evidence, or for any other just cause, or may dismiss the ... petition, with or ... aforesaid shall be conclusive evidence in all legal proceedings ... of the debtor having been duly ... ...
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Judicial ideology in economic cases: Evidence from the General Court of the European Union
We contribute new empirical evidence on the influence of ideology on the behaviour of European Union judges. As votes and other common proxies for judicial preferences are unavailable, we ask 46 co...... ... We find less conclusive evidence for the influence of Europhilia. While showingthat attitudes towards private business may matter more than Europhilia in economiccases, our ... ...
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How much do we know about the long-term effectiveness of parenting programmes? Advances, shortcomings, and future directions
Purpose: – Parenting programmes are seen as feasible and cost-effective in preventing early behavioural problems in children and adolescents. A number of studies have concluded that such programmes...... ... The current evidence is favourable but is likely to be biased by methodological ... for more studies of greater methodological strength to obtain conclusive evidence that wouldguide empirical research, practice and ... ...
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The Impact of Labor Force Attachment on Political Participation
Labor force attachment is currently seen as a major factor in increasing political participation of women. This article critically examines the data and methods of studies that have postulated a ca...... ... political participation and argues that at present there is no conclusive evidence of such a rela- tionship. It then proposes three ... ...
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Infrastructure: a new dimension of real estate? An asset allocation analysis
Purpose: The purpose of this paper is to provide conclusive evidence that infrastructure constitutes a separate asset class and cannot be classified as real estate from an investment point‐of‐view....... ... – The purpose of this paper is to provide conclusive evidence that infrastructure constitutesa separate asset class and cannot ... ...
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Conclusive Evidence Clauses And Failure To Mitigate
In ABM Amro Commercial Finance Plc v Ambrose McGinn & ors [2014] EWHC 1674 (Comm), 23 May 2014 the court ruled that an indemnifying party cannot argue that a failure to mitigate by an indemnified p...
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London Court Upholds Arbitral Award In Contractor Dispute In Face Of Challenge That Arbitral Panel Failed To Consider Coverage Defenses
A court in London recently upheld an arbitral award in the face of claims that the arbitral panel failed to consider several coverage defenses one party asserted during the proceedings. The arbitra...... ... , Symbion alleged a defense that the court referred to as the “conclusive evidence” defense. Symbion argued Venco’s case was based on invoices ... ...
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The High Court Considers The Final Certificate Conclusivity Provisions Of The JCT
... ... Clause 1.9.1 provides that the Final Certificate is conclusive evidence on a number of matters in any proceedings arising out of the ... ...
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Does The Conclusivity Of A JCT Final Certificate Unlawfully Fetter A Partys Right To Adjudicate?
... ... In the absence of a challenge, the Certificate will become conclusive evidence of many aspects that might be the subject of a later dispute. The ... ...