E V Secretary Of State For The Home Department
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E V Secretary Of State For The Home Department
''E v Secretary of State for the Home Department'' was a landmark Court of Appeal case of 2004 which significantly developed the doctrine of ''error of fact'' as a distinct ground which was taken in conjunction with the question of new evidence (or the most recent decision) being considered in order to establish the error. The case laid out in definitive terms the criteria for the court to review a finding of ''mistake of fact'' leading to unfairness. In establishing an error of fact according to the requirements, a duty was identified to consider a decision; in particular, the duty to reopen a matter or direct a rehearing. The question of new evidence produced after the hearing but before the decision date was considered within the context of the power of the Immigration Appeal Tribunal (IAT) to direct a rehearing. Facts Two appellants, who had separately claimed asylum in the United Kingdom, were heard jointly in the Court of Appeal. They were known only as ′E′ and ′Râ ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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Lord Slynn Of Hadley
Gordon Slynn, Baron Slynn of Hadley (17 February 1930 – 7 April 2009) was a British judge and Advocate General of the European Court of Justice. He particularly specialised in European law. He was a Lord of Appeal in Ordinary. Early life Slynn was born on 17 February 1930 to John and Edith Slynn and educated at Sandbach School, Goldsmiths, University of London, and Trinity College, Cambridge. He was called to the bar at Gray's Inn in 1956 before moving to One Hare Court alongside Fisher, Neil, Parker, and Richard Southwell QC, becoming a bencher in 1970 and Treasurer in 1988. He served as Junior Counsel to the Ministry of Labour between 1967 and 1968. He was the First Junior Treasury Counsel (Common Law), or "Treasury Devil", from 1968 to 1974. Lord Denning said about Slynn in his capacity as such: "He was outstanding. The best I have ever known. He will go far." His successful application to take silk in 1974 coincided with his becoming the first Leading Counsel to the Tr ...
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United Kingdom Administrative Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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2004 In British Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other hand, t ...
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2004 In Case Law
4 (four) is a number, numeral and digit. It is the natural number following 3 and preceding 5. It is the smallest semiprime and composite number, and is considered unlucky in many East Asian cultures. In mathematics Four is the smallest composite number, its proper divisors being and . Four is the sum and product of two with itself: 2 + 2 = 4 = 2 x 2, the only number b such that a + a = b = a x a, which also makes four the smallest squared prime number p^. In Knuth's up-arrow notation, , and so forth, for any number of up arrows. By consequence, four is the only square one more than a prime number, specifically three. The sum of the first four prime numbers two + three + five + seven is the only sum of four consecutive prime numbers that yields an odd prime number, seventeen, which is the fourth super-prime. Four lies between the first proper pair of twin primes, three and five, which are the first two Fermat primes, like seventeen, which is the third. On the other ha ...
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Watkins V Home Office And Others
, was a United Kingdom legal case heard by the House of Lords where the Home Office made an appeal as to whether the tort of misfeasance in public office was actionable in the absence of proof of pecuniary losses or injury of a mental or physical nature. The appeal was upheld, ruling that the tort of misfeasance in public office is never actionable without proof of material damage as defined by Lord Bingham of Cornhill. Facts The respondent, Mr Watkins, was a convicted prisoner serving a life sentence and was imprisoned at all times material to the action. As a result of being involved with legal proceedings, he had brought about correspondence with his legal advisors, the courts and other bodies. Mr Watkins was held at two prisons, Wakefield Prison and subsequently, Frankland Prison. He raised a number of complaints that his mail had been opened and read at both prisons, breaching the prison rules; in particular, breaching the protection of confidentiality of his legal corres ...
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R V Secretary Of State For The Home Department, Ex Parte Simms
''R v Secretary of State for the Home Department, ex parte Simms'' 999UKHL 33is a UK constitutional law case, concerning parliamentary sovereignty. Facts Simms and another prisoner, both serving life sentences for murder, brought judicial review proceedings against the Home Secretary’s contention that they could not have oral interviews with journalists unless no part would be published. Under the Prison Act 1952 section 47(1) the Home Secretary had passed Prison Service Standing Order 5, paragraph 37-A which restricted oral interviews with journalists. The prisoners contended this impinged upon the right of journalists to free speech under the European Convention on Human Rights article 10, because practically the opportunity for any investigation into their convictions would be inhibited by not allowing them to speak. The prisoners could, however, engage in written correspondence. Latham J held that the prisoners should be able to do oral interviews. The Court of Appeal he ...
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R (March) V Secretary Of State For Health
''R (March) v Secretary of State for Health'' was a 2010 Judicial review in English law, judicial review which challenged the UK Department of Health and Social Care, Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry. The case was important in developing the doctrine of ''error of fact'' in public law which previously had not readily been the subject of judicial intervention. Facts Andrew March, Andrew Michael March, a haemophiliac, along with several thousand other patients was treated with contaminated blood products in the 1970s and 1980s. The Contaminated blood scandal in the United Kingdom, contaminated blood and blood products disaster also occurred in the Republic of Ireland and various compensation schemes and statutory provisions were put in place between 1991 and 2002 on compassionate grounds, without legal liability on the part of the state. However, the level of payments made to similarly infected and affected ...
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R (Alconbury Developments Ltd) V Secretary Of State For The Environment
''R (Alconbury Developments Ltd) v SS for Environment, Transport and the Regions'' 001UKHL 23is a UK constitutional law case, concerning judicial review. Facts Alconbury Developments Ltd and others challenged (1) the Minister’s power to determine planning appeals, rather than an inspector, (2) a Minister’s power to approve compulsory purchase orders under the Highway Act 1980, and (3) a new rail link approved under the Transport and Works Act 1992. The claimants argued that (1) the decisions affected their civil rights, (2) under the ECHR art 6(1) those questions should be decided by an independent and impartial tribunal, with court review, not a Minister, (3) there was insufficient judicial control for ECHR art 6 Article 6 of the European Convention on Human Rights is a provision of the European Convention on Human Rights, European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the r ...(1) because ...
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Ladd V Marshall
''Ladd v Marshall'' 954EWCA Civ 1 is an English Court of Appeal judgment, which established the criteria for the Court to accept fresh evidence in a case on which a judgement has already been delivered. Facts Mr Marshall, the defendant, owned a piece of land in Ashford, Middlesex, consisting of a bungalow attached to a pig holding. The bungalow had been built under a licence from the Local Authority, who had imposed a condition that the maximum price for which Marshall could sell the bungalow was approximately £1500. In 1952, despite the licence condition, Marshall offered the property for sale with an asking price of £3600, and Mr Ladd, the plaintiff, expressed an interest in buying it. Marshall told Ladd that the sale price was limited to £2500 (presumably £1500 for the bungalow and £1000 for the land, although Marshall did not make this explicit), and a document was drawn up for a sale at this price, with a £50 deposit. However, according to Ladd, he also paid Mars ...
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R V Criminal Injuries Compensation Board, Ex Parte A
''R v Criminal Injuries Compensation Board ex parte A'' was a 1999 case in the United Kingdom where a decision by the Criminal Injuries Compensation Board (CICB) not to award compensation was quashed by the House of Lords as it was deemed to be a breach of the rules of natural justice. The case reaffirmed the principle of ''"misunderstanding or ignorance of an established and relevant fact"'' and further developed the doctrine of ''error of fact''; in that a decision could be quashed on the basis of it having taken into account a factual mistake. The case also dealt with the issue of undue delay and guiding principles were laid out. Facts On 25 May 1991, a woman known only as ''′A′'', was seriously sexually assaulted by two men during a burglary at her home. In November, some six months later, she sought compensation through the Criminal Injuries Compensation Board. A's application to the CICB was refused verbally on 31 August 1993, and subsequently in writing by the end of ...
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Christianity
Christianity is an Abrahamic monotheistic religion based on the life and teachings of Jesus of Nazareth. It is the world's largest and most widespread religion with roughly 2.38 billion followers representing one-third of the global population. Its adherents, known as Christians, are estimated to make up a majority of the population in 157 countries and territories, and believe that Jesus is the Son of God, whose coming as the messiah was prophesied in the Hebrew Bible (called the Old Testament in Christianity) and chronicled in the New Testament. Christianity began as a Second Temple Judaic sect in the 1st century Hellenistic Judaism in the Roman province of Judea. Jesus' apostles and their followers spread around the Levant, Europe, Anatolia, Mesopotamia, the South Caucasus, Ancient Carthage, Egypt, and Ethiopia, despite significant initial persecution. It soon attracted gentile God-fearers, which led to a departure from Jewish customs, and, a ...
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