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CRIMINAL
QUEEN'S BENCH DIVISION
R (Faisaltex Ltd and others) v Crown Court at Preston and another
Whether a computer or its hard disk fell within the meaning of "material" under s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things in searches in connection with investigation?
Held, a computer, or its hard disk, fell within the meaning of "material" in s 8(1) of the Police and Criminal Evidence Act 1984 and was to be regarded as a single item or thing, rather than a container of a number of things, so that, where there were reasonable grounds for believing that it contained material evidence, a warrant under section 8 could properly specify a computer or similar item even if it were likely to contain irrelevant material.
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ARBITRATION
ENGLAND AND WALES COURT OF APPEAL (CIVIL DIVISION)
Mayor and Commonalty and Citizens of the City of London v Sancheti
Whether jurisdiction to grant stay of judicial proceedings can only be against a party to arbitration agreement or person claiming through or under party and whether a mere legal or commercial connection is sufficient in respect of same.
Held, a stay under Section 9 of Arbitration Act, 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient. In the present case, the claimant was not a party to the arbitration agreement. The relevant party was the United Kingdom Government. The court held that the fact that in certain circumstances a state might be responsible under international law for the acts of one of its local authorities, or might have to take steps to redress wrongs committed by one of its local authorities, did not make that local authority a party to the arbitration agreement.
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