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Citation
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Judgment date
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| December 1996 |
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A statutory title certificate does not defeat a prior purchaser’s equitable interest where the transferee had constructive notice.
Property law — equitable interest of purchaser in possession — constructive notice — statutory certificates under Housing (Statutory Improvement Area) Act not absolute; do not defeat overriding equitable rights of which transferee had notice.
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31 December 1996 |
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Employer not estopped from denying higher expatriate allowance where authorising director never approved it.
Practice – Estoppel: authority to bind employer; Employment contract – who may fix terms; Central bank approval not an offer to employee; Acquiescence and representation; Proof of agency/authority.
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31 December 1996 |
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Failure to follow disciplinary procedure and withhold evidence made the dismissal wrongful; reinstatement is an exceptional remedy.
Employment law – Wrongful dismissal – Procedural fairness – Failure to follow disciplinary code – Denial of particulars and access to evidence (security fuel book) – Reinstatement as exceptional remedy.
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9 December 1996 |
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Prior-permit requirement for public assemblies violates constitutional freedoms of assembly and expression.
Constitutional law – Public Order Act s.5(4) – prior-permit requirement – freedom of assembly and expression – prior restraint – lack of objective guidelines – arbitrary discretion – criminalisation of unauthorised assemblies – exemptions for office-holders.
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9 December 1996 |
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Appeal dismissed: identification evidence reliable; amendment to particulars non‑prejudicial; police investigation adequate.
Criminal law – Aggravated robbery – Identification evidence – Application of R v Turnbull – Amendment of particulars – Prejudice to fair trial – Adequacy of police investigation and corroboration by recovered property.
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4 December 1996 |