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Bloomsburry Family law


R (Bitcon) v West Allerdale Magistrates Court

Judicial Review - Public and Administrative Law - Claimant applied for his remand to specialist nursing home under Mental Health Act 1983, s 35 - Order made - Order subsequently revoked as local health authority would not fund stay at home - Claimant brought judicial review proceedings - Magistrates’ court correct to revoke its own order since it could not be satisfied that appropriate arrangements had been made given absence of funding

Contract Facilities Ltd v Estate Of Rees (Dec’d) [2003] EWCA Civ 1105

Civil Procedure - Appeals - Costs - Case management - Application for an order that company’s appeal be adjourned or dismissed until certain costs were paid - Court of Appeal had case management powers under CPR rr 2.1 and 3.1 in addition to powers under CPR r 52 - Court of Appeal could and would impose conditions on appeal proceedings even though respondent had unsuccessfully requested judge to impose conditions on permission to appeal - Order would not prejudge issue whether individuals funding proceedings by company should pay costs of trial under Supreme Court Act 1981, s 51

R v Parole Board, ex p Giles [2003] UKHL 42

Criminal Procedure - Human Rights - Sentencing - Defendant received sentence under Criminal Justice Act 1991, s 2(2)(b) which was longer than would be commensurate with seriousness of offences - Judge of opinion that sentence necessary to protect public - Sentence not subject to requirements of periodic review under European Convention on Human Rights 1953, Art 5(4)