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encounter many different cases from many different sources. It is essential that you understand what the law reports of England and Wales are and what a case citation means. Should

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children. Examples of cases excluded by LASPO • employment cases; • general contract cases; • tortious cases; • land cases; • private family cases. Merits Before

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defences to protect free speech is thus essential. ■ The question refers to protection in domestic law, but it is permissible to use cases from the European Court in order to examine

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cite properly, the better your answer will be. For cases, the principles and their application to the facts and decision (and other cases) are the most important aspects; remember names

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Dying Bill. The case law of both the domestic and Strasbourg courts is essential in addressing the question: Pretty, Purdy, Nicklinson, and Conway. These cases will identify all

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achieved by a different shape; • the essential elements of a mark are its most important elements—and this must be decided on a case-by-case basis (the Court was unwilling to prescribe

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for C to rely on D. Revision tip It is essential that you learn and understand the decision in Hedley Byrne as well as the cases which follow and apply it. The Hedley

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proof in civil cases With regard to civil common law cases the allocation of the burden is apparent from the statement of claim. If the claimant fails to prove any essential element of

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African cases (Ethiopia/Liberia v South Africa) (1966) ); (b) that local remedies have not been exhausted (eg Interhandel case ( Switzerland v USA ) (1959) ); (c) that the case is, or

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specifically, to cases brought against the UK, so ensure that you highlight the impact of such cases on UK prison law and practice. However, you can refer to other cases that establish

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Table 7.8 Better case management New procedure Description Digital case system (DCS) Adoption of paperless trials in the Crown Court. Now, essential documents such as

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particular telephone number ( PD6A.9.3 ) Choosing a court It is essential to understand what court a case may be heard in. The choices available to an individual are the High Court

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5 The author deals with the issue on the use of fatal force, outlining the essential principles and cases. In McCann , three IRA terrorists were shot dead by SAS officers when it

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authorities, particularly in cases of suspected terrorism ( Ocalan v Turkey (2005) 41 EHRR 45 ), although it has been held this should not undermine the essential safeguards provided by

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vital distinction and requires reference to key cases. Problem questions are often used and may follow a similar form to the facts in case law—adverts in shop windows or newspapers/items

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these cases, it is essential that such practices are only carried out with proper legal safeguards which restrict their use and which provide the individual with a remedy in cases of their

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of the Convention and its case law. Although the courts are not bound to follow such case law, it is expected that they will do so and thus decide cases in a manner more akin to the

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effectively occupies part of a territory then, just as in the Hesperides and Emin cases, it is essential that some degree of recognition be given to the fact of occupation so that day-to-day

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gravity, which is essential for an attack to be classified as an armed attack. This gravity test seems to have been slightly watered down in the Oil Platforms case.

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stance is illustrated through the case of Lawless and is then supplemented by a further example of deference in the Brannigan case. In that case, the Court also stressed that it