Per Incuriam in UK Law
- The Meaning of “Pek Incuriam”
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ON THE LIBERATION OF APPELLATE JUDGES HOW NOT TO DO IT!*
... ... SEW. 1972 ON THE LIBERATION OF APPELLATE JUDGES 451 technical rule of the Young case about decisions given per incuriam, or even apparently challenging the House’s authority to change “the common law.’’ Yet all this appears to have ... ...
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Stare Decisis In The Court of Appeal
... ... , that the court will not consider itself to be bound by a previous decision where such decision was given per incuriam, which is a true exception to the rule, and to which attention must now be given. In analysing the judgment of Lord ... ...
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Easements–‐The Right to Wander and to Picnic
... ... D. G. VALENTINE. THE MEANING OF “ PER INCURIAM ” IN Morelle Ltd. v. Wakeling [1955] 2 W.L.R. 672; [1955] 1 All E.R. 708, the Court of Appeal was asked to consider ... ...
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Committal for Contempt
... ... case, the courtincreased the sentence imposed by the trial judge, but counsel in thepresent case sought to show that that decision was per incuriam, becausethe authorities upon the effect of a judge's prior indication of leniency tocome werenotcited to the court in that case. In the present case, ... ...
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Agreement for Costs on a Contingency Basis
... ... arguedthatthe Thai decision underminedthemagistrate's decision,butthe respondent replied that this wasnotso,sincetheThai decision was per incuriam, since it was made intheabsenceof any citation tothecourt ofthecase of Swan v TheLawSociety[1983]1AC 598. That incuria explains why the court in the ... ...
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Judge's Prior Indication of Likely Sentence
... ... case, the courtincreased the sentence imposed by the trial judge, but counsel in thepresent case sought to show that that decision was per incuriam, becausethe authorities upon the effectof a judge's prior indication of leniency tocome werenotcited to the court in that case. In the present case, ... ...
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Agreement for Costs on a Contingency Basis
... ... arguedthatthe Thai decision underminedthemagistrate's decision,butthe respondent replied that this wasnotso,sincetheThai decision was per incuriam, since it was made intheabsenceof any citation tothecourt ofthecase of Swan v TheLawSociety[1983]1AC 598. That incuria explains why the court in the ... ...
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Judge's Prior Indication of Likely Sentence
... ... case, the courtincreased the sentence imposed by the trial judge, but counsel in thepresent case sought to show that that decision was per incuriam, becausethe authorities upon the effectof a judge's prior indication of leniency tocome werenotcited to the court in that case. In the present case, ... ...
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Committal for Contempt
... ... case, the courtincreased the sentence imposed by the trial judge, but counsel in thepresent case sought to show that that decision was per incuriam, becausethe authorities upon the effect of a judge's prior indication of leniency tocome werenotcited to the court in that case. In the present case, ... ...
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