Judicial Notice in UK Law
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Pepper (Inspector of Taxes) v Hart
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The days have long passed when the courts adopted a strict constructionist view of interpretation which required them to adopt the literal meaning of the language. The courts now adopt a purposive approach which seeks to give effect to the true purpose of legislation and are prepared to look at much extraneous material that bears upon the background against which the legislation was enacted.
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British Railways Board v Herrington
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This is a legitimate tactical move under our adversarial system of litigation. But a defendant who adopts it cannot complain if the court draws from the facts which have been disclosed all reasonable inferences as to what are the facts which the defendant has chosen to withhold.
A court may take judicial notice that railway lines are regularly patrolled by linesmen and gangers. In the absence of evidence to the contrary, it is entitled to infer that one or more of them in the course of several weeks noticed what was plain for all to see. Anyone of common sense would realise the danger that the state of the fence so close to the live rail created for little children coming to the meadow to play.
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Farrell v Alexander
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Commonwealth Shipping Representative v P. & O. Branch Service
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Judicial notice refers to facts, which a judge can be called upon to receive and to act upon, either from his general knowledge of them, or from inquiries to be made by himself for his own information from sources, to which it is proper for him to refer.
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Nabeel Ahsan v The Secretary of State for the Home Department
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She could also, and other things being equal should, exercise any relevant future discretion, if necessary "outside the Rules", on the basis that the appellant had in fact had leave to remain in the relevant period notwithstanding that formally that leave remained invalidated.
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Salomon v Commissioners of Customs and Excise
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Investigatory Powers Act 2016
... ... ; to establish the Investigatory Powers Commissioner and other Judicial Commissioners and make provision about them and other oversight ... for the retention of certain communications data in pursuance of a notice, ... ...
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Nationality and Borders Act 2022
... ... 10: Notice of decision to deprive a person of citizenship ... judicial review proceedings, or (in Scotland) an application to the supervisory ... ...
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European Union (Withdrawal) Act 2018
... ... reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the ... Power to make provision about judicial notice and admissibility ... ...
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Courts Reform (Scotland) Act 2014
... ... in relation to tribunals; to provide for assistants to the Judicial Appointments Board for Scotland; and for connected purposes ... mentioned in subsection (3) may resign at any time by giving notice to that effect to the Scottish Ministers ... ...
- Judicial Notice and Personal Knowledge
- The Superfluous Rule of Evidence on Judicial Notice
- Judicial Notice Extended: Mullen v Hackney London Borough Council
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Doubting What the Elders Have to Say: A Critical Examination of Canadian Judicial Treatment of Aboriginal Oral History Evidence
The Supreme Court of Canada has articulated several legal principles that mandate the flexible and generous treatment of Aboriginal oral history evidence in support of Aboriginal rights claims. Low...... ... of oral history evidence, enhancing oral history evidence through flexible use of the doctrines of inference and judicial notice, and using court-appointed experts to assure greater objectivity ... Keywords ... ...
- Judicial Notice Should Have Been Taken Of "childcare Disparity"
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Dismissal Of A Working Mother For Refusal To Work Occasional Weekends May Have Been Indirectly Discriminatory And Unfair
... ... the EAT ruled that Employment Tribunals must take judicial notice ... of the fact that women still bear the primary burden of ... ...
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Is The Childcare Disparity Still A Consideration For Today's Employers?
... ... Mrs Dobson that it had no option but to issue a notice of dismissal ... and to re-engage Mrs Dobson on new terms requiring her to ... of which the Tribunal ought to have taken judicial notice ... Courts sometimes give judicial notice to matters where, for ... ...
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Is The Childcare Disparity Still A Consideration For Today's Employers?
... ... Mrs Dobson that it had no option but to issue a notice of dismissal ... and to re-engage Mrs Dobson on new terms requiring her to ... of which the Tribunal ought to have taken judicial notice ... Courts sometimes give judicial notice to matters where, for ... ...
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Notice of change of solicitor
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
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Notice of intention to pursue an appeal (UTIAC)
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.
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Notice of Appeal (Trade Remedies)
Upper Tribunal (Tax and Chancery Chamber) forms and guidance documents including the judicial review form.
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Apply for court order about immigration or asylum ('application notice')
Immigration and Asylum Chamber (Upper Tribunal) forms including the judicial review form.