Judges Rules in UK Law
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Peart v The Queen
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(ii) The judicial power is not limited or circumscribed by the Judges' Rules. A court may allow a prisoner's statement to be admitted notwithstanding a breach of the Judges' Rules; conversely, the court may refuse to admit it even if the terms of the Judges' Rules have been followed.
(iv) The criterion for admission of a statement is fairness. The voluntary nature of the statement is the major factor in determining fairness. If it is not voluntary, it will not be admitted. If it is voluntary, that constitutes a strong reason in favour of admitting it, notwithstanding a breach of the Judges' Rules; but the court may rule that it would be unfair to do so even if the statement was voluntary.
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Monarch Steamship Company Ltd v Karlshamns Oljefabriker (A/B)
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It was necessary to lay down principles lest juries should be persuaded to do injustice by imposing an undue, or perhaps an inadequate, liability on a defendant. The Court must be careful, however, to see that the principles laid down are never so narrowly interpreted as to prevent a jury, or judge of fact, from doing justice between the parties.
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R v Osbourne
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The Rules contemplate three stages in the investigations leading up to somebody being brought before a Court for a criminal offence. The first is the gathering of information, and that can be gathered from anybody, including persons in custody provided they have not been charged. At the gathering of information stage no caution of any kind need be administered.
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Ridehalgh v Horsefield; Watson v Watson (Wasted Costs Orders)
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Judges who are invited to make or contemplate making a wasted costs order must make full allowance for the inability of respondent lawyers to tell the whole story. Where there is room for doubt, the respondent lawyers are entitled to the benefit of it. It is again only when, with all allowances made, a lawyer's conduct of proceedings is quite plainly unjustifiable that it can be appropriate to make a wasted costs order.
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Izuazu (Article 8 - New Rules) [Upper Tribunal]
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We accordingly further endorse the Upper Tribunal's observation in MF that judges called on to make decisions about the application of Article 8 in cases to which the new rules apply, should proceed by first considering whether a claimant is able to benefit under the applicable provisions of the Immigration Rules designed to address Article 8 claims. If he or she does, there will be no need to go on to consider Article 8 generally.
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Dorset Yacht Company Ltd v Home Office
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Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.
- The Election Judges Rota Rules 2015
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Crime and Courts Act 2013
... ... Court or the county court,but this is subject to any provision in rules of court that is or could be made under section 48(4) ; ... (3) In ... for there to be no more than the equivalent of 12 full-time judges of the Supreme Court, rather than exactly 12 judges, and makes provision ... ...
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Common Law Procedure Act 1854
... ... or his Discretion, think fit to allow such Trial; or provided the Judges of the Superior Courts of Law at Westminster ... shall, in pursuance of ... the Reference, be conducted in like Manner, and subject to the same Rules and Enactments, as to the Power of the Arbitrator and of the Court, the ... ...
- Circuit Judges' Superannuation (Transitional) Rules 1971
- Supreme Court Rules On Time Limits For Bringing Claims In Part-Time Judges' Case
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How much can a judge intervene in cross-examination before a trial becomes unfair?
Lord Justice Jackson's reforms to the Civil Procedure Rules (CPR) enabled judges to take a more active part in case management: they can manage the parties' costs budgets, control the timetable, l...... ... Lord Justice Jackson's reforms to the Civil Procedure Rules (CPR) enabled judges to take a more active part in case management: they ... ...
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News from Abroad -- UK Progress on Unitary Patent (UP) and Unified Patent Court (UPC)
The UK has become the ninth state to deposit the document required to apply the Protocol on Provisional Application (PPA), which is an essential step towards formation of the UPC. Four more deposi...... ... UPC to gain legal personality and start the process of selecting Judges and formally to adopt the Rules of Procedure. The UK Government has also ... ...
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Expert evidence, hot-tubbing and expert determinations
Experts play an important role in helping to resolve the technical disputes common to the construction and engineering industry: their evidence can make or break a claim or contribute to an early s...... ... Civil Procedure Rules (CPR) Part 35 has been evolving over the last few years to give judges ... ...
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T400)
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... interpretation of the procedural rules ... This leaflet does not deal with appeals from the First-tier Tribunal ... Tribunal. The tribunal consists of specialist judges appointed by the Lord Chancellor ... Some are also judges in the courts, ... ...
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guidance
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.... ... a full interpretation of the procedural rules ... This leaflet does not describe any of the procedures in the ... The Tax and Chancery Chamber consists of specialist judges appointed by the Lord ... Chancellor. Some are also judges in the Courts, ... ...
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Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... the case to be managed in accordance with the Criminal Procedure Rules ... ... In submitting this application I ... After the ‘Judges Decision and Reasons’ form has been completed courts should inform the ... ...
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T423)
Includes the refund form for claimants.... ... Presidential Guidance ... Under the Employment Tribunal Rules the Presidents of the Employment Tribunals ... in England and Wales and ... Costs are known as expenses in ... Employment Judges and tribunals also have the power, where the hearing relates to a ... ...