DOCSLIB.ORG

Dccj 531/2010 in the District Court of the Hong Kong Special Administrative Region Civil Action No. 531 of 2010

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Dccj 531/2010 in the District Court of the Hong Kong Special Administrative Region Civil Action No. 531 of 2010 由此 - 1 - A A DCCJ 531/2010 B B C IN THE DISTRICT COURT OF THE C HONG KONG SPECIAL ADMINISTRATIVE REGION D D CIVIL ACTION NO. 531 OF 2010 E E ____________ F F BETWEEN G G GHULAM RBANI Plaintiff H and H SECRETARY FOR JUSTICE for and on behalf of I THE DIRECTOR OF IMMIGRATION Defendant I J J K ____________ K L L M Coram: His Hon Judge Leung in court M Date of hearing: 9; 17 June 2011 N N Date of judgment: 13 October 2011 O O P P J U D G M E N T Q Q R 1. This is the claim by the Plaintiff (“G”), a Pakistan national, against R the Director of Immigration (“the Director ”) for damages for false S S imprisonment and breach of his constitutional rights due to his detention in T T the immigration centre in Hong Kong in 2005. The Secretary for Justice is U named as the defendant for and on behalf of the Director. U V V 由此 - 2 - A A Background B B C 2. G first came to Hong Kong in 1992 using a passport bearing the C name of Ghulam Rubbani, born on 15 April 1971. He was allowed to stay D D for 3 months but he overstayed. For that, he was subsequently charged E E with and convicted of breach of condition of stay, fined and repatriated to F the Pakistan in August 1993. He had overstayed for about 10 months. F G G 3. G came to Hong Kong again in 1994 using another passport H bearing the name of Mian Ghulam Rabani, born on 15 April 1970. He was H permitted to stay for 3 months. Again he overstayed; and was convicted I I and fined. He was repatriated to the Pakistan in July 1995. He had J J overstayed for about 5 months. K K 4. In May 1999, G revisited Hong Kong using another passport L bearing the name of Ghulam Rabbani, born in 1967. For once again L overstaying and making false representation to the immigration (as regards M M his date of birth during his last visit), G was convicted and given a N N suspended imprisonment sentence before removal to Pakistan in October O 1999. On this occasion, he had overstayed for about 4 months. O P P 5. G last came to Hong Kong on 24 September 2000 when he used yet Q another passport, this time bearing the name of Ghulam Rbani, born in Q 1971. He was permitted to remain as a visitor until 15 October 2000; but R R he had since overstayed here. On 1 April 2005, G was arrested by the S S police for gambling in a place not being a gambling establishment. He was so charged with the offence together with that of breach of condition of T T stay. Together with the activated suspended sentence (mentioned above), U U G was sentenced to a total of 7 months’ imprisonment. V V 由此 - 3 - A A B 6. After serving slightly less than 5 months in prison, G was B discharged from the prison on 23 August 2005. Since then, G had been C C placed under administrative detention by the Director in the Castle Peak D D Bay Immigration Centre (“the Centre ”) pursuant to section 32 of the E Immigration Ordinance, Cap.115 (“ the IO ”). E F F 7. During the interviews prior to his release from prison in August 2005, not only did G raise no objection to his deportation, but he also G G positively requested to return to Lahore, Pakistan as soon as possible. The H H reasons given were his concern about his family, his aged mother and sick I son. G repeated his request and reasons by his letter to the Department and I during the interview on the day of his release from prison. J J 8. In view of G’s request, the Director wrote to the Consulate General K K of the Republic of Pakistan 2 days after G’s administrative detention to L L seek confirmation for the issue of an emergency passport to G. In the M meantime, G’s detention pursuant to section 32(2A)(a) expired; and was M continued by the Secretary for Security (“ the Secretary ”) under section N N 32(2A)(b) for 21 days from 29 August 2005. G acknowledged receipt of O O the notification of the further detention by signing it on 31 August 2005. P P 9. The Director received a positive reply from the Pakistani Q counterpart on 2 September 2005. An emergency passport of G was issued Q and air ticket was procured. Application for a removal order was made on R R 7 September 2005; and the order was issued on 10 September 2005. S S 10. Unbeknown to the Director, G lodged a claim under the T T Convention Against Torture and Other Cruel, Inhuman or Degrading U Treatment or Punishment (“CAT ”) on 5 September 2005. According to U V V 由此 - 4 - A A him in court, he changed his mind about repatriation upon learning that his B B son had recovered. C C 11. As G confirmed, his written statement containing the CAT claim D D was sent by post. This was received by the Department on 8 September; E and by Removal Sub-division of the Department on 12 September 2005. E The issue of the removal order apparently crossed with G’s letter. F F 12. Service of the removal order, though made, was then withheld and G G eventually withdrawn on 15 September 2005. H H 13. On 16 September 2005, the Secretary authorised the detention of G I I for a further period of 21 days pursuant to section 32(2A)(c). G was given J J the notification of the continued detention on 21 September 2005. But G refused to sign it. K K L 14. Screening interview of G in respect of his CAT claim began. On 7 L October 2005, G was released on recognisance. It was a month and a half M M since his release from prison; and about a month since he lodged the CAT N N claim. O O A (Torture Claimant) v Director of Immigration P P 15. In A (Torture Claimant) v Director of Immigration [2008] 4 Q Q HKLRD 752 (“the case of A”), the applicants were the subjects of removal R and deportation orders under sections 19 or 20 of the IO. They applied for R judicial review challenging the legality of their continued detention by the S S Director under section 32 of the IO since the lodging of their respective T T claims under the CAT. Their applications were dismissed; and they appealed. U U V V 由此 - 5 - A A 16. The relevant provisions of section 32 of the IO read as follows: B B “Detention pending removal or deportation …… C C (2A) A person may be detained pending the decision of the Director of Immigration, the Deputy Director of Immigration or any assistant director of D immigration as to whether or not a removal order should be made under D section 19(1)(b) in respect of that person – (a) for not more than 7 days under the authority of the Director of Immigration, E E the Deputy Director of Immigration or any assistant director of immigration; F (b) for not more than a further 21 days under the authority of the Secretary for F Security; and (c) where inquiries for the purpose of such decision have not been completed, G G for a further period of 21 days under the authority of the Secretary for Security, in addition to the periods provided under paragraphs (a) and (b). H H (3) A person in respect of whom removal order under section 19(1)(b) is in force may be detained under the authority of the Secretary for Security I I pending his removal from Hong Kong under section 25. J (3A) A person in respect of whom a removal order under section 19(1)(b) J is in force may be detained under the authority of the Director of Immigration, the Deputy Director of Immigration or any assistant director of immigration K K pending his removal from Hong Kong under section 25. ” L L 17. The Court of Appeal, among other things, had the following M M conclusion: N (1) Under domestic law, the power to detain pending removal N under section 32 is in principle exercisable so long as the Secretary O O is intent upon removing the subject at the earliest possible moment, P and it is not apparent that removal within a reasonable time would P be impossible. This reflects the application of the principles in R v Q Q Governor of Durham Prison, ex p Hardial Singh [1984] 1 WLR R R 704 (approved and applied in Tan Le Lam & Ors v Superintendent S Tai A Chau Detention Centre [1997] AC 97; Thang Thieu Quyen & S Ors v Director of Immigration & Anor (1997-98) 1 HKCFAR 167; T T R (Khadir) v Secretary of State for the Home Department [2006] 1 U AC 207). U V V 由此 - 6 - A A (2) However Art.5(1) of the Hong Kong Bill of Rights B B (“HKBOR ”) requires that detention must not be arbitrary and the C grounds and procedures must be certain and accessible. In the C absence of a published policy as to the circumstances under which D D the power to detain would be exercised, the power of detention E E under section 32 were contrary to Art.5(1) of the HKBOR and F hence unlawful.
Load more

Recommended publications
  • Andoh, Ben Amin. (2001). Exemplary Damages and the Police
    !∀ #!∃ %!& ∀∋()∗ &+ ,,! !−,), Mountbatten Journal ofLegal Studies Exemplary Damages and the Police: Some Reflections Benjamin Andoh Acknowledgement I wish to thank the editor and the two anonymous refereesjor their comments on an earlier draft. Any errors are mine. Introduction Damages in civil suits are either compensatory or non-compensatory. Exemplary damages are one of the non-compensatory damages, the others being nominal damages and derisory or contemptuous damages. Nominal damages are awarded where the claimant, though wronged, eg, via breach of contract, has suffered no damage/loss, l and contemptuous damages show the court's disgust or reprimand ofthe claimant for bringing his action.2 Therefore, those damages are very small amounts. For example, contemptuous damages of one half-penny were awarded in Pamplin v Express Newspapers and nominal damages of £10 in C and P Haulage v Middleton. Exemplary damages, on the other hand, can be quite substantial because they are intended to punish the defendant. However, their availability has been quite a contentious issue. They have also been awarded over the years consistently and in fairly large amounts against the police. But, in 1997 the Court ofAppeal, by way ofguidelines, imposed a limit on the amounts awardable against the police. However, those guidelines of the Court of Appeal have not been followed in all cases. One instance ofthis, as will be shown below, is ajury's disregard ofthem in Merseyside in 1998.3 CandP HaulagevMiddleton [1983] 3 AlI ER 93. Eg, where in a defamation case the defendant has apologised and offered tu make amends: Dering v Uris [1964] 2 QB 669; Pamplin v Express Newspapers (No 2) [1988] I All ER 282.
    [Show full text]
  • Understanding Intimidation John Murphy*
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE bs_bs_banner provided by Lancaster E-Prints Understanding Intimidation John Murphy* This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have been identified in the past – one involving two parties, one involving three – only the former has survived the decision of the House of Lords in OBG v Allan. In the context considering the tort’s practical usefulness, the article exposes as bogus the suggestion that two- party intimidation offers nothing that is not already supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical suggestions. First, that two-party intimidation is not a specifically economic tort and secondly, in view of this fact, it was a most inappropriate tool for the House of Lords to have used in their resurrection of the tort of unlawful means conspiracy in Total Network SL v Revenue and Customs Commissioners. INTRODUCTION The tort of intimidation is of very considerable vintage.1 Yet, so sparse were the reported cases during the three centuries that followed its first application that, in the landmark case of Rookes v Barnard (Rookes), one Court of Appeal judge described it as an ‘obscure, unfamiliar and peculiar cause of action’.2 Certainly, the tort had eluded anything approaching rigorous judicial analysis or exposition for the best part of a century until the House of Lords had occasion to examine it in depth in that self-same case.3 Little wonder, then, that one stand-out feature of Rookes should have been that the defendant persisted throughout the litigation *Lancaster University.
    [Show full text]
  • W. J. TEARLE, Case Editor-Third Year Student. UREN V. JOHN FAIRFAX
    PUNITIVE DAMAGES 111 Case will help to clarify the issues involved. It is also definitely established that specific performance of a promise to pay a third party may be obtained at the suit of the promisee of least in some circumstances, and that a contract to pay money may be specifically enforced. W. J. TEARLE, Case Editor-Third Year Student. STARE DECISIS, JUDICIAL POLICY AND PUNITIVE DAMAGES UREN v. JOHN FAIRFAX & SONS PTY. LIMITEDf AUSTRALIAN CONSOLIDATED PRESS LIMITED v. UREN2 In Australian Consolidated Press Ldmited v. Uren2 three important questions came before the Privy Council. These concerned the extent of the prerogative of justice, and in particular the jurisdiction of the Privy Council to entertain an appeal not against the formal order of the court below, but against the reasons upon which the order was based; the authority in Australia of English decisions, and in particular decisions of the House of Lords; and the place of punitive or exemplary damages in the law of tort. Uren, a Member of the House of Representatives, brought actions against John Fairfax & Sons Pty. Limited and Australian Consolidated Press Limited, claiming that he had been defamed by articles in the Sun-Herald and the Sunday Telegraph which suggested that he was a "dupe" of "the Russian Spy, Ivan Skripov", who had "inspired (Uren and others) to ask searching questions in Parliament unsuspectingly, on secret defence establishments in A~stralia".~ In the Australian Consolidated Press Case there were further counts concerning other allegedly defamatory publications in the Daily Telegraph and The Bulletin. In each case the jury awarded the lai in tiff very substantial damages.
    [Show full text]
  • Misfeasance in Public Office: a Very Peculiar Tort
    MISFEASANCE IN PUBLIC OFFICE: A VERY PECULIAR TORT MARK ARONSON* [Misfeasance in public office is the common law’s only public law tort, because only public officials can commit it, and they must have acted unlawfully in the sense that they exceeded or misused a public power or position. This article examines who might be treated as a public official for these purposes, and whether the tort might extend to government contractors performing public functions. The article also discusses the tort’s expansion beyond the familiar administrative law context of abuse of public power, to abuse or misuse of public position. Misfeasance tortfeasors must at the very least have been recklessly indifferent as to whether they were exceeding or abusing their public power or position and thereby risking harm. That parallels the mens rea ingredient of the common law’s criminal offence of misconduct in public office, and reflects a further reason for restricting the tort’s coverage to public officials, who must always put their self-interest aside and act in the public interest. Upon proof of the tort’s fault elements, there beckons a damages vista apparently unconstrained by negligence law’s familiar limitations upon claims for purely economic loss. This article questions the capacity of the ‘recklessness’ requirement to constrain claims for indeterminate sums from an indeterminate number of claimants, some of whom may have been only secondary (or even more remote) victims of the public official’s misconduct. Finally, it questions (and finds wanting) the assumption common in Australia that government will not usually be vicariously liable for this tort.
    [Show full text]
  • Punitive Damages in Products Liability Litigation David Owen University of South Carolina - Columbia, [email protected]
    University of South Carolina Scholar Commons Faculty Publications Law School 6-1976 Punitive Damages in Products Liability Litigation David Owen University of South Carolina - Columbia, [email protected] Follow this and additional works at: https://scholarcommons.sc.edu/law_facpub Part of the Torts Commons Recommended Citation David G. Owen, Punitive Damages in Products Liability Litigation, 74 Mich. L. Rev. 1257 (1976). This Article is brought to you by the Law School at Scholar Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Scholar Commons. For more information, please contact [email protected]. PUNITIVE DAMAGES IN PRODUCTS LIABILITY LITIGATION DAVID G. OWEN TABLE OF CONTENTS I. INTRODUCTION -........ .... 1258 II. THE DOCTRINE AND FUNCTIONS OF PUNITIVE DAMAGES 1262 A. The Doctrine of PunitiveDamages and Its Com- patibility with Theories of Products Liability------ 1262 1. The Doctrine of Punitive Damages ---------- 1262 2. Compatibility of Punitive DamagesDoctrine with Theories of Products Liability ---- 1268 a. Strict liability in tort ------------------ 1268 b. Warranty -----------------.......-------------------------- 1271 B. The Functions of Punitive Damages and Their Applicability to Products Liability Litigation------ 1277 1. Punishment -------------------------------------------------- 1279 2. Deterrence ---------------------------------------------------- 1282 3. Law Enforcement ---------------------------------------- 1287 4. Compensation ----------------------------------------
    [Show full text]
  • 1453025267 Rookes V Barnard (No 1) 1964.Pdf
    6/15/2015 Rookes v Barnard (No 1) [1964] UKHL 1 (21 January 1964) [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] United Kingdom House of Lords Decisions You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Rookes v Barnard (No 1) [1964] UKHL 1 (21 January 1964) URL: http://www.bailii.org/uk/cases/UKHL/1964/1.html Cite as: [1964] AC 1129, [1964] UKHL 1 [New search] [Buy ICLR report: [1964] AC 1129] [Help] JISCBAILII_CASE_TORT Die Martis, 21° Januarii 1964 Parliamentary Archives, HL/PO/JU/4/3/1122 Dates of hearing: 1st, 2nd, 3rd, 4th, 8th, 9th, 10th, 11th, 15th, 16th July, 4th, 5th, 6th, 7th and 11th November, 1963 HOUSE OF LORDS Tuesday, 21st January, 1964 ROOKES (A.P.) ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ ­ Appellant. v. BARNARD and ors. ­ ­ ­ ­ ­ ­ ­ ­ ­ Respondents. http://www.bailii.org/uk/cases/UKHL/1964/1.html 1/57 6/15/2015 Rookes v Barnard (No 1) [1964] UKHL 1 (21 January 1964) Lords Present : lord reid lord evershed lord hodson lord devlin lord pearce Counsel for the Appellant: the hon. S. C. silkin, Q.C. and mr. A. de piro Solicitors: Messrs. Lewis Silkin & Partners, 225/229, Rye Lane. Peckham, London, S.E.15. Counsel for the Respondents : mr. gerald gardiner, Q.C. and mr. P. colin duncan. Q.C. Solicitor : Mr. W. H. Thompson, 1, Serjeants' Inn, Fleet Street, London. E.C.4. CONSIDERATION OF REPORT FROM THE APPELLATE COMMITTEE Lord Reid MY LORDS, I beg to move that the Report of the Appellate Committee be now considered. Question Put: That the Report of the Appellate Committee be now considered.
    [Show full text]
  • Dian View of Rookes V. Barnard
    (1965) 4 ALBERTA LAW REVIEW 159 DAMAGES-PUNITIVE OR EXEMPLARY DAMAGES-A CANA­ DIAN VIEW OF ROOKES V. BARNARD The recent case of Wasson v. California Standard Co.1 has given the Alberta Appellate Court its first opportunity to consider that part of the recent decision by the House of Lords in Rookes v. Barnard 2 which deals with exemplary or punitive damages. In order to properly evaluate the Wasson decision, it is, therefore, necessary to examine the principles laid down in Rookes v. Barnard. The plaintiff in Rookes v. Barnard had been a member of the de­ fendant trade union and had resigned. The union had a closed-shop agreement with the plaintiff's employer, B.O.A.C. It was a term of each employee's contract of employment that there were to be no strikes; but, after the plaintiff's resignation from the union, the union threatened B.O.A.C. with a strike unless the plaintiff's employment was terminated. In consequence of this threat, the employer suspended and later discharg­ ed the plaintiff; whereupon the plaintiff brought an action against mem­ bers of the union claiming damages against them for using unlawful means to induce B.0.A.C. to terminate its contract of service. The House of Lords held that the defendants had committed the tort of intimidation; and, perhaps, it is the discussion of this tort to which the case owes its greatest significance. The case also presented the House with its first opportunity to address its mind to the question of exemplary damages, and it is this aspect of the decision which is the concern of the present article.
    [Show full text]
  • The Economic Torts and English Law: an Uncertain Future
    Kentucky Law Journal Volume 95 | Issue 4 Article 3 2007 The conomicE Torts and English Law: An Uncertain Future Hazel Carty Manchester University Follow this and additional works at: https://uknowledge.uky.edu/klj Part of the Common Law Commons, and the Torts Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Recommended Citation Carty, Hazel (2007) "The cE onomic Torts and English Law: An Uncertain Future," Kentucky Law Journal: Vol. 95 : Iss. 4 , Article 3. Available at: https://uknowledge.uky.edu/klj/vol95/iss4/3 This Symposium Article is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky Law Journal by an authorized editor of UKnowledge. For more information, please contact [email protected]. ARTICLES The Economic Torts and English Law: An Uncertain Future Hazel Carty' I. INTRODUCTION A. The Economic Torts Outlined There is no over-arching tort of unfair competition or misappropriation in English common law. Rather, when excessive competitive practices are al- leged, the aggrieved party must identify a specific tort (or torts) that cover the harm done to them. The causes of action most appropriate where unfair trading is the issue are the so-called "economic torts."' These causes of action comprise the torts of simple conspiracy, unlawful conspiracy, induc- ing breach of contract, intimidation, unlawful interference with trade, and malicious falsehoodA The list also includes the important tort of passing off which, unlike the others, is not a tort of intention.
    [Show full text]
  • KOPERAL ZAINAL MOHD ALI & ORS V. SELVI NARAYAN & ANOR
    JE19/2021 07 May 2021 Koperal Zainal Mohd Ali & Ors 424 v. Selvi Narayan & Anor [2021] 3 MLRA KOPERAL ZAINAL MOHD ALI & ORS v. SELVI NARAYAN & ANOR Federal Court, Putrajaya Rohana Yusuf PCA, Abang Iskandar Abang Hashim CJSS, Nallini Pathmanathan, Abdul Rahman Sebli, Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Rhodzariah Bujang FCJJ [Civil Appeal No: 01(f)-2-01-2018(W)] 22 March 2021 Constitutional Law: Fundamental liberties — Right to life — Remedies for death in custody of Police — Estate of deceased awarded exemplary damages by High Court — Appeal against said award — Whether s 8(2) Civil Law Act 1956 was an absolute bar to award of exemplary damages in estate’s claim — Whether estate of deceased entitled to seek recourse under Courts of Judicature Act 1964 for infringement of his right to life — Federal Constitution, art 5(1) Civil Law Act: Damages — Death in custody of police — Award of exemplary damages in an estate’s claim — Whether s 8(2) Civil Law Act 1956 was an absolute bar to award of exemplary damages in estate’s claim This was an appeal by the appellants, who had been sued by the joint administrators of the estate of one Chandran Perumal (‘the deceased’). The suit was filed following the deceased’s demise on the fifth day whilst in police custody pursuant to his arrest. As found by the Coroner, following an inquest into his death, the deceased died of hypertensive heart disease and the claim put forth by the respondents was for losses suffered by his estate and lawful dependants by reason thereof which they alleged was due to the wrongful acts of the appellants.
    [Show full text]
  • Cv 07 02297Dd08jan2013.Pdf
    REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2007-02297 BETWEEN NIGEL MAYERS Claimant AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant ************************************************** Before: Master Alexander Appearances: For the claimants: Mr Lemuel Murphy For the defendant: Mr Keith Scotland instructed by Mr Nairob Smart DECISION Background 1. This is a claim for assault and battery of the claimant, who suffered severe personal injuries by gunshot wounds at the hands of the police. It led to the claimant spending approximately 44 days in various hospitals, including 2 days in a coma. The facts as pleaded by the claimant is that on 10th October, 2004 around 7:30 p.m. the claimant, Nigel Mayers (hereinafter “Nigel”) was at a house in Mount Marie, Tobago in the company of a ‘friend’ when on hearing footsteps outside the house and realizing it was the police they ran into the nearby bushes. Nigel and his friend were pursued into the bushes by the police where the alleged assault and battery occurred that resulted in Nigel sustaining personal injuries for which he now seeks compensation. Judgment on liability was entered on 25th February, 2011 by Tiwary-Reddy J for damages to be assessed by a master and costs of the action to be assessed, in default of agreement. 1 Assault and battery 2. An assault is the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact. See Sedley Skinner v The Attorney General of Trinidad and Tobago CV 2006-3721 @ paragraphs 25 and 26 per Pemberton J.
    [Show full text]
  • Justice for Victims of Trafficking in Hong Kong - 2
    CIVIL REMEDIES: JUSTICE FOR VICTIMS OF TRAFFICKING IN HONG KONG - 2 - INTRODUCTION The crime of trafficking and the ensuing criminal justice proceedings if any can be extremely disempowering to victims as they both take away the victim’s autonomy. In many cases criminal proceedings fail for a number of reasons and there is a real risk that the victim will not be granted justice in any shape or form. Civil remedies provide an alternative and/or supplement to criminal proceedings and are attractive as a means of holding perpetrators accountable but also providing victims with some compensation for harm they have endured and losses incurred. Although the use of civil remedies is gaining popularity in many jurisdictions across the world it still remains largely under-utilised. This Report provides a comprehensive overview of various civil remedies available under Hong Kong Law and comments on their applicability to trafficking victims. Remedies in contract, tort and pursuant to the Basic Law together with the eligibility criteria and judicial procedure(s) for each remedy are examined. We hope that despite the difficulties presented by the ability to remain in-country to pursue justice and the fact that compensation for victims remains a low priority, this Report will provide a creative means of informing front-line responders of different approaches that can help secure justice for victims. Lawyers and NGOs engaged in legal service provision will find this Report very useful in their daily work. Whilst the challenges abound in victims’ quest for justice, there is hope. Service providers equipped with better knowledge and information can help victims achieve justice through various means.
    [Show full text]
  • Final Thesis
    University of Huddersfield Repository Curley, Sean Lord Denning: Towards a theory of adjudication. An examination of the judicial decision making process of Lord Denning and his creation and use of the interstitial spaces within the law and legal process to assist in the exercise of his discretion and an examination of those factors which influenced that discretion. Original Citation Curley, Sean (2016) Lord Denning: Towards a theory of adjudication. An examination of the judicial decision making process of Lord Denning and his creation and use of the interstitial spaces within the law and legal process to assist in the exercise of his discretion and an examination of those factors which influenced that discretion. Doctoral thesis, University of Huddersfield. This version is available at http://eprints.hud.ac.uk/id/eprint/29101/ The University Repository is a digital collection of the research output of the University, available on Open Access. Copyright and Moral Rights for the items on this site are retained by the individual author and/or other copyright owners. Users may access full items free of charge; copies of full text items generally can be reproduced, displayed or performed and given to third parties in any format or medium for personal research or study, educational or not-for-profit purposes without prior permission or charge, provided: • The authors, title and full bibliographic details is credited in any copy; • A hyperlink and/or URL is included for the original metadata page; and • The content is not changed in any way. For more information, including our policy and submission procedure, please contact the Repository Team at: [email protected].
    [Show full text]