Prima Facie Case

The appellants complain that the tax court fail to apply debt-equity principles. The secondary inquiry cannot be reached unless the first question concerning whether an economic

The Plaintiff’s estate was sequestrated in Federal Magistrates Court on May 12 2009, for failure to pay Council court costs [10]. An application by the Plaintiff for an extension in time to appeal this sequestration was

Respondents: Student Awards Agency Scotland; the Scottish Ministers; the Advocate General for Scotland; and The lord Advocate

Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062

The court reconvened, and the crown called the next person, Tim. B. Tim, a young white male, was already out on bail pending his charge of assaulting his ex-girlfriend. The Crown stated that this was a reverse-onus because he was charged with failure to appear three times. The duty counsel informed that Tim voluntarily turned himself in earlier in the morning when he found out about the charges, and that his father who owned property over $250,000 is willing to be his surety. The crown said she will consent to the release with a $1000 surety and conditions of non-contact with the victim and to reside with or residence approved by the surety. The duty counsel did not object and the Judge accepted the terms.

Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.

It’s at this time a bail application may be considered. Bail in the criminal justice system is also heavily influenced by discretion. First and foremost, discretion allows the assessment of a defendant’s suitability for bail on a case-by-case basis. R v William Edward Hamilton (2013), for example, where the suspect was granted bail on the account he had no record of previous contact with the law and was granted bail on the judge’s belief that he did not present a threat to community welfare. The use of discretion is also important in preventing individuals having to undergo arbitrary detention, such as the case of BDU v The State of Western Australia (2011); due to the six-month waiting period for the suspects trial, the judge deemed it to be a breach of the suspects rights to remain in remand for this period time as it wasn’t deemed likely for him to commit any offences during this

Hedley Byrne & Co LTD v Heller and Partners LTD [1963] 2 All ER 5

The conditional fee arrangement was introduced by the Access to Justice Act (AJA) 1999, as an attempt to transfer legal funding from the treasury to the private sector. This occurred as a result of an increasing and ridiculous growth in the cost of legal aid, namely from a few hundred million to well over 2.1 billion pounds from the 1980s to 2000. Moreover, it was not because demand was growing. Rather, number of cases relying on legal aid had decreased. Due to the need to control budget, Conditional fee arrangements are used to fund many civil cases which legal aid now excludes, and the issues brought about by conditional fee arrangements have been debated over the last decade. The conditional fee arrangements are sometime known as ‘no

As of this date, no concrete evidence is forthcoming. A resonable bond or dismissal until

Provided Case 09-3, we, Group 7 have dutifully researched the topic, using resources at our disposal to formulate a consistent, clear and legal response. The following submission outlines the case, our conclusions with supporting evidence and the accounting issues present in the subject.

In relation towards the wrongfully doings that I now am being asked to attended a meeting at Enfield civic center about, so to be questioned, I find it overwhelmingly unjustified that I have to attended at such a meeting, the reason’s given by myself to why I understand it not to be right or fair that I have been ordered to attended for this meeting or I therefore risk my home being taken, by way of a position order being placed against my person, are given

The first ground was that he believed the senior judges had wrongly interpreted the meaning of the word “inability” found in section 12 (1) of the Sheriff Courts (Scotland) Act 1971. The appellant thought the meaning of “inability” was to be restricted to the narrow interpretation allowing the reasons behind unfitness for duty to be limited to physical or mental infirmity as oppose to the wider interpretation of including any form of incapability to perform the role of a judge. He believed that parliament never intended for “inability” to be widely interpreted as section 12 (1) of the 1971 act was intended to be read in relation to the historic legislative provisions for the removal of sheriffs from office in particular the Heritable Jurisdictions

Evidence is every considerable type of proof legally presented at a trial it also must be approved by a judge. The reason why we use evidence is to help convince the judge or jury of supposed facts that relate to the case. Witnesses who testify, an expert who has information on certain fields of work, paperwork, records, photos etc. are all types of evidence that could be used in a case. Circumstantial evidence is evidence that aims to come to a conclusion by stating the cause while logically trying to prove the facts. The arguments and statements lawyers present to the judge and a judge who wants to make a statement can be ruled with an objection therefore it is not consider evidence. During a testimony a witness must swear under oath to say nothing but the truth that way her testimony can be considered the truth since they no way of know if it is the truth or not. If they are caught in a lie consequences will be brought down on the witness and in some cases it can completely throw-out the case.

This essay will discuss the Supreme Court decision in FHR European Ventures LLP and others v Cedar Capital Partners LLC (Cedar) . The issue in this case was whether a bribe or secret commission accepted by an agent is held on constructive trust for his principal. This topic is a “relentless and seemingly endless debate” , as Sir Terence Etherton described, and that the “remedy awarded has vacillated for the last 200-odd years” . The major reason for the debate is because the principal will have propriety claim as opposed to a mere equitable compensation, if the bribe or commission is held on a constructive trust . The principal will be in a much more advantageous position if he was held to have propriety