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for controlling costs is greater use of fixed costs for bringing cases to court. Jackson thought they were essential. The idea is not new. During the 1990s, the Civil Justice Council

‘unspecified damages’ instead of ‘unliquidated damages’. The essential features of the case are set out in a ‘statement of case’ instead of ‘pleadings’. There are numerous other examples

facts. 24 Whether something is a ‘material’ fact depends on whether it is essential to the decision of the case. Example Material facts The defendant, a 31-year-old female called Sheila

hearing cases be retained? There are already many types of case which proceed entirely on the papers. Can this principle be extended further? Secondly, in how many cases is a ruling

relation to children, it is essential to distinguish between public law cases and private law cases. • Public law cases are those brought by public authorities—in particular the

sources of information, international relations, or national security. It is essential that such cases are kept under continuing review. Source : Adapted from the Code for Crown

judge to hear the case. Civil litigation is heard by a variety of judges and the case management process will ensure that the right judge is allocated for the type of case, and its seriousness

is clearly essential that any changes made to citizen redress arrangements do not restrict established rights to independent review and an opportunity to state one’s case. However

way of case stated) or fact (appeal to the Crown Court). 15.2.2 Appeal by way of case stated The second form of appeal is to appeal to the High Court by way of case stated

established in one case, must be applied in a similar situation in a later case. Such law continues to be applied until either another court decides that the case was incorrectly decided

One case arose under the ‘old’ system and one under the ‘new’ system of judicial discipline. The difference between the cases is perhaps instructive. The first of these cases was

prosecute the case. The most serious cases were referred to the DPP and he would decide whether to ‘take it over’. If he 4 did, then he would either personally prosecute the case or, more

Kingdom and in some cases overseas. This is an aspect of modern legal practice that should be much better understood. 9.5.4.2 Test case litigation Test case litigation, sometimes

of the essential reasoning underlying the decisions; fairness to require the adoption of a clear procedure which enables parties to know their rights, to present their case fully and

basic assault case but what about cases of child abuse, rape, or murder? Arguably the rule applies even more to these cases as due process is most important in the worst cases. A barrister

has been followed by subsequent cases and certainly it is clear that the courts view their powers under s 3 as important. Case Box R v A The case of A concerned the construction

definition of the contextual approach was given in the case of CILFIT , 127 a case that will be examined later. In that case, the ECJ stated: every provision of Community law must

enforceable bargain (contract), breaches of which can be litigated in the courts, has been an essential tool in the development of the modern market capitalist economy. As with its function

inventing new laws or processes. The leading case on the development of horizontal effect is Campbell v Mirror Group Newspapers Ltd 31 This case involved a report in the Daily Mirror

acceptance that training is an essential part of the life of a judge. Some of the training courses—for example the serious sexual offences seminar—is an essential part of authorizing a judge