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Citation
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Judgment date
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| March 2012 |
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Applicant’s condonation for late appeal dismissed due to no explanation and negligence of legal practitioners.
Civil procedure – Condonation and extension of time – Failure to provide explanation for late note of appeal – Absence of affidavit from legal practitioner who filed late notice – Applicant cannot escape consequences of legal practitioner’s negligence – Prospects of success unnecessary where no explanation for non-compliance.
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28 March 2012 |
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A workers committee under the Labour Act lacks legal personality and cannot sue or be sued; proceedings struck off with no costs.
Labour law — Workers committee — Legal personality — Capacity to sue and be sued — Interpretation of s24 vis-à-vis ss28–29 of the Labour Act — Procedural consequences of lack of legal capacity.
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26 March 2012 |
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Pre‑charge torture requires exclusion of evidence obtained thereby and may justify a permanent stay if prosecution relies solely on it.
Constitutional law — prohibition of torture, inhuman or degrading treatment (s15(1)) — exclusionary principle prohibiting use of evidence obtained by such treatment — interplay with right to personal liberty (s13(1)) and rule of law (s18(1)) — onus and standard of proof — remedy: permanent stay where prosecution relies solely on tainted evidence.
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19 March 2012 |
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Suspension without required ministerial approval under S.I. 371/85 is void, rendering subsequent labour proceedings null.
Employment law - unlawful suspension - S.I. 371/85 - ministerial approval required for dismissal - jurisdictional defect - void ab initio suspension - nullity of subsequent labour proceedings
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12 March 2012 |
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Condonation for late appeal refused due to inadequate explanation and lack of prospects of success (inability to tender performance).
Civil procedure – condonation for late filing of appeal – factors to be weighed: degree of non‑compliance; explanation; prospects of success; importance and finality; convenience and avoidance of delay. Attorney negligence and prior indulgences – inadequate explanation for repeated non‑compliance. Specific performance – claimant must be willing and able to tender performance; inability to pay balance (currency devaluation) undermines prospects of success on appeal.
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4 March 2012 |