first evaluate each case, and also because the Court of Appeal has made it clear that convictions will only be overturned if the Horizon evidence was essential to the prosecution and
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Chapter
18. Criminal and civil appeals
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5. The doctrine of judicial precedent
the court. This is an essential skill that you develop throughout your studies. Key point The ratio decidendi of a case is not the decision reached in a case but the rule of law
Chapter
2. An overview of the English legal system
by each state. Cases may be filtered out by a single judge in clearly inadmissible cases (i.e. those cases in which the Court has no jurisdiction or there is no case to address). Chambers
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13. The jury
are: • cases involving national security; • terrorism cases. The particular aspects of these cases which may justify ‘extra precautions’ are: (a) in security cases, a danger
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16. Alternative dispute resolution
strengths and weaknesses by each party of his own case and of that of his opponent, and a willingness to accept the give & take essential to a successful mediation. In Société Internationale
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6. The law and institutions of the European Union (EU)
ignored and have some persuasive authority. 6.3.7 Case law The case law of the CJEU and the General Court forms an essential source of EU law. Judgments of the two Courts are binding
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15. The civil process
lowest-value cases are allocated to the small claims track, the medium-value cases to the fast track, and the high-value cases to the multi-track. The monetary value of a case is the starting
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17. Tribunals
Council (AJTC) reported that tribunals dealt with 650,000 cases annually, compared to the 223,000 criminal cases and 63,000 civil cases that were heard in the courts. According to the website
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12. The criminal process: pre-trial and trial
ward cases, the judge will set a date for trial at the PTPH. In complex cases, or if the judge decides that the interests of justice require a further hearing, a further case management
Chapter
10. Access to justice
only cover investigating the strengths of the proceedings and is used in cases where the chances of the case being successful are not clear and the investigation is likely to be expensive
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8. The judiciary
They hear a range of criminal cases and some civil cases, such as family proceedings. However, most of the work is criminal cases. All criminal cases commence in the magistrates’ court
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1. Studying the English legal system
sources of law: legislation and judgments of reported cases. This material is the same as that used by judges and lawyers. It is essential in the early days of your studies that you recognise
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4. The interpretation of statutes
time to read both the case and the lecture; but, traditionally, and to give you an idea of how interpretation works, let’s start slowly and consider three essential rules: the literal
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7. Human rights in the United Kingdom
3 of the HRA 1998. Example The case of Ghaidan v Godin-Mendoza [2004] UKHL 30 concerned the interpretation of the Rent Act 1977. In this case, X, who was the tenant of a dwelling
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11. The criminal process: the suspect and the police
they decide that it is inadmissible, they must ignore it when deciding the case. For examples of cases in which the courts have excluded evidence because of breaches of PACE or the
Chapter
3. Legislation and the law-making process
directly elected body. If you accept the arguments that (a) democratic legitimacy is essential; but (b) simply replacing the House with a directly elected body creates too great a risk
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4. Sources of Law II: Case Law
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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9. Funding Access to the English Legal System
children. Examples of cases excluded by LASPO • employment cases; • general contract cases; • tortious cases; • land cases; • private family cases. Merits Before
Chapter
5. The doctrine of judicial precedent
court. This is an essential skill that you develop throughout your studies. Key point The ratio decidendi of a case is not the decision reached in a case but the rule of law
Chapter
2. An overview of the English legal system
by each state. Cases may be filtered out by a single judge in clearly inadmissible cases (i.e. those cases in which the Court has no jurisdiction or there is no case to address). Chambers