All Posts in "accounts"

Order Of Proceedings In A Criminal TrialAbsolute discharge Where a individual has pleaded guilty or been convicted of an offence, in specific circumstances the court could, as an alternative of imposing a sentence (and on summary complaint alternatively of convicting), discharge that particular person totally. Nigeria argued that it was in the public interest to disclose the proof collated on the basis that: (a) it intended to use the documents to secure and recover the proceeds of corruption (b) effective proceedings would help in efforts to lower corrupt activities (c) it would demonstrate that the UK was not a secure haven for corruptly acquired assets and (d) it would permit their recovery where Alamieyeseigha’s flight would otherwise thwart the criminal confiscation approach.

Simply because of the threat of a chilling effect for journalists reporting on important crime and court circumstances and the relatively extreme character of the sanction, the majority of the Court discovered that the … Read the rest >>>

Joshua Brown by — May 13, 2016 in Order Of Proceedings In A Criminal Trial

Child Negligence CasesYou know a neglected child when you see her, she could be malnourished, generally sick, or never ever at school. Immediately after a sharp drop in both rate and number of maltreated kids (duplicate situations removed) between 2006 and 2007, the number and price of maltreated youngsters have continued to decline. Physical neglect is the most frequent kind of neglect, and it requires the failure of a caregiver to present for the standard physical desires of the kid , such as food, shelter, clothing, and even sanitary living conditions. Younger kids, due to their size and development status, are especially vulnerable to physical abuse, emotional abuse and neglect (DePanilis and Salus 1992).

Of all the youngsters who died from maltreatment in 29 states, 12.two percent received some sort of family members preservation solutions in the 5 years preceding the child’s death. The assessment of abuse was based upon the character … Read the rest >>>

Joshua Brown by — December 6, 2015 in Child Negligence Cases

Concurrent LiabilityThis is an outline of how to answer a Vicarious liability form dilemma question in an exam. Iacobucci J. concludes that a contract among the parties may preclude the possibility of suing in tort for a provided wrong where there is an express term in the contract dealing with the matter. In effect, outdoors of negligent misstatement a claim in contract can be considerably wider and facilitates a broader claim of damages. At trial the plaintiff relied mostly on fraudulent misrepresentation, with its claim in contract being in the alternative to the claim in tort.

It is only to the extent that this private ordering contradicts the tort duty that the tort duty is diminished … In so far as the tort duty is not contradicted by the contract, it remains intact and may well be sued upon. If so, absent any overriding considerations arising from the context in which … Read the rest >>>

Joshua Brown by — June 11, 2015 in Concurrent Liability