All Posts in "accounts"

Order Of Proceedings In A Criminal TrialAbsolute discharge Where a individual has pleaded guilty or been convicted of an offence, in specific circumstances the court could, as an alternative of imposing a sentence (and on summary complaint alternatively of convicting), discharge that particular person totally. Nigeria argued that it was in the public interest to disclose the proof collated on the basis that: (a) it intended to use the documents to secure and recover the proceeds of corruption (b) effective proceedings would help in efforts to lower corrupt activities (c) it would demonstrate that the UK was not a secure haven for corruptly acquired assets and (d) it would permit their recovery where Alamieyeseigha’s flight would otherwise thwart the criminal confiscation approach.

Simply because of the threat of a chilling effect for journalists reporting on important crime and court circumstances and the relatively extreme character of the sanction, the majority of the Court discovered that the criminal fine imposed on the journalist breached Post ten of the ECHR. Section 76 indictment/letter An accused particular person charged with a serious offence might give notice in writing that he intends to plead guilty to an indictment beneath section 76 of the Criminal Procedure (Scotland) Act 1995. Roughly a third of the Proceedings are missing for the period from 1674 to 1714, right after which a continuous series survives.

Diligence Procedure for enforcing an order of the court, or for recovering documents from an opponent or other person or for obtaining the proof of witnesses prior to a commissioner. … Read the rest >>>

Joshua Brown by — May 13, 2016 in Order Of Proceedings In A Criminal Trial

Child Negligence CasesYou know a neglected child when you see her, she could be malnourished, generally sick, or never ever at school. Immediately after a sharp drop in both rate and number of maltreated kids (duplicate situations removed) between 2006 and 2007, the number and price of maltreated youngsters have continued to decline. Physical neglect is the most frequent kind of neglect, and it requires the failure of a caregiver to present for the standard physical desires of the kid , such as food, shelter, clothing, and even sanitary living conditions. Younger kids, due to their size and development status, are especially vulnerable to physical abuse, emotional abuse and neglect (DePanilis and Salus 1992).

Of all the youngsters who died from maltreatment in 29 states, 12.two percent received some sort of family members preservation solutions in the 5 years preceding the child’s death. The assessment of abuse was based upon the character of the occasion: the assault upon the child was sudden and impulsive, the offender was the caregiver and the immediate stimulus arose from the victim (d’Orban 1979). As a outcome, families involved in child abuse and neglect tend to exhibit a pattern of day-to-day interaction characterised by a low level of social exchange, low responsiveness to constructive behaviour, and high responsiveness to adverse behaviour.

Nonetheless, all of the definitions refer to the physical or psychological harm triggered to the youngster by the abusive behaviour of other folks, or the failure of other people to safeguard a kid from such harm. … Read the rest >>>

Joshua Brown by — December 6, 2015 in Child Negligence Cases

Concurrent LiabilityThis is an outline of how to answer a Vicarious liability form dilemma question in an exam. Iacobucci J. concludes that a contract among the parties may preclude the possibility of suing in tort for a provided wrong where there is an express term in the contract dealing with the matter. In effect, outdoors of negligent misstatement a claim in contract can be considerably wider and facilitates a broader claim of damages. At trial the plaintiff relied mostly on fraudulent misrepresentation, with its claim in contract being in the alternative to the claim in tort.

It is only to the extent that this private ordering contradicts the tort duty that the tort duty is diminished … In so far as the tort duty is not contradicted by the contract, it remains intact and may well be sued upon. If so, absent any overriding considerations arising from the context in which the transaction occurred, the plaintiff can’t bring a concurrent action in tort for negligent misrepresentation and is confined to what ever treatments are accessible beneath the law of contract. The rule is not that 1 can’t sue concurrently in contract and tort exactly where the contract limits or contradicts the tort duty.

The question was regardless of whether a contractor, possessing entered into a contract with its employer, could owe a duty of care in tort not to trigger financial loss and thus be liable to the employer for a longer limitation period At the time of Murphy v Brentwood, … Read the rest >>>

Joshua Brown by — June 11, 2015 in Concurrent Liability