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Apr 17, 2013 · Earlier today, the Supreme Court gave judgment in Jones (by Caldwell) v First-tier Tribunal [2013] UKSC 19. It contains an interesting discussion of the distinction between errors of fact and of law, and, I think, provides a further insight (following its decision in R (Cart) v Upper Tribunal [2011] UKSC 28) into the Supreme Court’s approach ...
Problems with facts. • The difference between primary jurisdictional facts and the assessment of facts by a public body as part of a discretionary decision. • What happens if the public body simply gets the facts wrong. • How does the Claimant prove their version of the facts.
- Drawing Up and Filing of Judgments and Orders
- Preparation of Deeds Or Documents Under An Order
- Consent Orders
- Correction of Errors in Judgments and Orders
- Adjustment of Final Judgment Figure in Respect of Compensation Recovery Payments
- Adjustment of Final Judgment Figure in Respect of An Interim Payment
- Statement as to Service of A Claim Form
- Orders Requiring An Act to Be Done
- Non-Compliance with An Injunction Or Undertaking
- Foreign Currency
1.1Rule 40.2 sets out the standard requirements for judgments and orders and rule 40.3 deals with how judgments and orders should be drawn up. 1.2 A party who has been ordered or given permission to draw up an order must file it for sealing within 7 days of being ordered or permitted to do so1. If he fails to do so, any other party may draw it up a...
2.1Where a judgment or order directs any deed or document to be prepared, executed or signed, the order will state: (1) the person who is to prepare the deed or document, and (2) if the deed or document is to be approved, the person who is to approve it. 2.2If the parties are unable to agree the form of the deed or document, any party may apply in ...
3.1Rule 40.6(3) sets out the types of consent judgments and orders which may be entered and sealed by a court officer. The court officer may do so in those cases provided that: (1) none of the parties is a litigant in person, and (2) the approval of the court is not required by the Rules, a practice direction or any enactment4. 3.2 If a consent ord...
4.1 Where a judgment or order contains an accidental slip or omission a party may apply for it to be corrected8. 4.2The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing: (1) where the applicant so requests, (2) wi...
5.1In a final judgment where some or all of the damages awarded – (1) fall under the heads of damage set out in column 1 of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997 (‘the 1997 Act’) in respect of recoverable benefits received by the claimant set out in column 2 of that Schedule; and (2) where the defendant has paid to the S...
6.1 In a final judgment9 where an interim payment has previously been made which is less than the total amount awarded by the judge, the judgment or order should set out in a preamble: (1) the total amount awarded by the judge, and (2) the amount and date of the interim payment(s). 6.2The total amount awarded by the judge should then be reduced by ...
7.1Where a party to proceedings which have gone to trial requires a statement to be included in the judgment as to where, and by what means the claim form issued in those proceedings was served, application should made to the trial judge when judgment is given. 7.2If the judge so orders, the statement will be included in a preamble to the judgment ...
8.1An order which requires an act to be done (other than a judgment or order for the payment of an amount of money) must specify the time within which the act should be done. 8.2The consequences of failure to do an act within the time specified may be set out in the order. In this case the wording of the following examples suitably adapted must be ...
9Part 81 deals with applications and proceedings in relation to contempt of court. Rule 81.4(2)(e) requires that a contempt application must include a statement that an order allegedly breached or disobeyed included a penal notice.
10Where judgment is ordered to be entered in a foreign currency, the order should be in the following form: It is ordered that the defendant pay the claimant (state the sum in the foreign currency) or the Sterling equivalent at the time of payment.
May 10, 2017 · It does not address the underlying structural problems, including the forms of cognitive bias that would make higher-court judges likely to affirm convictions. Instead, as I discuss in the final Part, we need to give judges better information about errors.
In exercising their functions, public bodies 1 evaluate evidence and reach conclusions of fact. The court will not ordinarily interfere with the evaluation of evidence 2 or conclusions of fact reached by a public body properly directing itself in law 3 .
Apr 9, 2024 · When it comes to appeals seeking to reverse a trial judge's findings of primary fact, the appeal court will intervene only very rarely. An appellate court will not interfere with a finding of fact by a first instance judge merely because it takes a different view of the matter (Stocker v Stocker).
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The case note is the simplest, shortest, most descriptive account of a case, the comment sets it in context, explains its significance and critiques it. It uses discursive argument to synthesise a wider body of material to establish a position on some law-related point.
