(1) The requirements of this section are met if in all the circumstances it is in the interests of justice for the court to make the order under section 77.
(2) That question is to be determined having regard in particular to—
(a) whether existing circumstances make a fair trial unlikely;
(b) for the purposes of that question and otherwise, the length of time since the qualifying offence was allegedly committed;
(c) whether it is likely that the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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