Urgent Request
03 March 2007, 03:56 PM
#1
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Urgent Request
I really need to know a very good solicitor in the southend area.
Someone who deals with section 18..
please please make this quick
Someone who deals with section 18..
please please make this quick
03 March 2007, 04:17 PM
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thanx phil but i thought milamber doesn't deal with the criminal side of things, no pun intended, just what i was told...but his advice or help will go a long way.
03 March 2007, 04:25 PM
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This section 18
Not me, just being a smart ****........ Bored really 
Hope it all works out mate
Section 18 -- Liability for Misleading Statements
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Persons liable; persons entitled to recover; defense of good faith; suit at law or in equity; costs, etc.
Any person who shall make or cause to be made any statement in any application, report, or document filed pursuant to this title or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 15, which statement was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, shall be liable to any person (not knowing that such statement was false or misleading) who, in reliance upon such statement, shall have purchased or sold a security at a price which was affected by such statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good faith and had no knowledge that such statement was false or misleading. A person seeking to enforce such liability may sue at law or in equity in any court of competent jurisdiction. In any such suit the court may, in its discretion, require an undertaking for the payment of the costs of such suit, and assess reasonable costs, including reasonable attorneys' fees, against either party litigant.
Contribution
Every person who becomes liable to make payment under this section may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment.
Period of limitations
No action shall be maintained to enforce any liability created under this section unless brought within one year after the discovery of the facts constituting the cause of action and within three years after such cause of action accrued.
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Persons liable; persons entitled to recover; defense of good faith; suit at law or in equity; costs, etc.
Any person who shall make or cause to be made any statement in any application, report, or document filed pursuant to this title or any rule or regulation thereunder or any undertaking contained in a registration statement as provided in subsection (d) of section 15, which statement was at the time and in the light of the circumstances under which it was made false or misleading with respect to any material fact, shall be liable to any person (not knowing that such statement was false or misleading) who, in reliance upon such statement, shall have purchased or sold a security at a price which was affected by such statement, for damages caused by such reliance, unless the person sued shall prove that he acted in good faith and had no knowledge that such statement was false or misleading. A person seeking to enforce such liability may sue at law or in equity in any court of competent jurisdiction. In any such suit the court may, in its discretion, require an undertaking for the payment of the costs of such suit, and assess reasonable costs, including reasonable attorneys' fees, against either party litigant.
Contribution
Every person who becomes liable to make payment under this section may recover contribution as in cases of contract from any person who, if joined in the original suit, would have been liable to make the same payment.
Period of limitations
No action shall be maintained to enforce any liability created under this section unless brought within one year after the discovery of the facts constituting the cause of action and within three years after such cause of action accrued.
Hope it all works out mate
03 March 2007, 04:29 PM
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What have you done
PM me mate and I'l point you in the right direction. You are right #i don't do criminal law usually but might be able to help you find a good one.
PM me mate and I'l point you in the right direction. You are right #i don't do criminal law usually but might be able to help you find a good one.
03 March 2007, 04:33 PM
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Thanx for that mate...but it this sort of section 18, self defence...on my part...
The distinction between section 18 and 19 of this act is that there is an extra ingredient in the former which is commonly called "Specific Intent", that is the intention to cause really serious harm.
In many incidents it is not necessary for there to be a definition given of the specific intent to really cause serious harm. i.e. if the victim is sitting in their garden and someone approaches them from behind and splits their skull open with a pick-axe handle, then there can be no question of the intent to really seriously harm.
However, it's sometimes said that the definition includes a desire on the part of the assailant to cause really serious harm as opposed to the situation with section 20 where the assailant I simply reckless as to whether any such harm be caused.
The defence of self defence must be understood, it is obvious that a person in imminent danger of attack should be able to defend themselves. It must be stressed however that self defence does not include retaliation, revenge or retribution. Such acts would constitute an offence, and the fact that an assault might be in revenge or retaliation would only be useful in mitigation.
Remember that the force used by a person to defend themselves must be proportional to the force being used by the attacker.This is meant to be reasonable.Having said that, it should be noted that in the moment of anguish when a person is under attack, it may not be possible to weigh to a nicety the exact amount of defensive action and force required.Therefore if the reaction of the person under attack is an honest and instinctive reaction then that will go a long way towards satisfying the elements of reasonableness and necessity.
The distinction between section 18 and 19 of this act is that there is an extra ingredient in the former which is commonly called "Specific Intent", that is the intention to cause really serious harm.
In many incidents it is not necessary for there to be a definition given of the specific intent to really cause serious harm. i.e. if the victim is sitting in their garden and someone approaches them from behind and splits their skull open with a pick-axe handle, then there can be no question of the intent to really seriously harm.
However, it's sometimes said that the definition includes a desire on the part of the assailant to cause really serious harm as opposed to the situation with section 20 where the assailant I simply reckless as to whether any such harm be caused.
The defence of self defence must be understood, it is obvious that a person in imminent danger of attack should be able to defend themselves. It must be stressed however that self defence does not include retaliation, revenge or retribution. Such acts would constitute an offence, and the fact that an assault might be in revenge or retaliation would only be useful in mitigation.
Remember that the force used by a person to defend themselves must be proportional to the force being used by the attacker.This is meant to be reasonable.Having said that, it should be noted that in the moment of anguish when a person is under attack, it may not be possible to weigh to a nicety the exact amount of defensive action and force required.Therefore if the reaction of the person under attack is an honest and instinctive reaction then that will go a long way towards satisfying the elements of reasonableness and necessity.
03 March 2007, 04:36 PM
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Oh "That section 18" 
So you get attacked and because you lay them out before they do you, you can get done.... bout right for this country
So you get attacked and because you lay them out before they do you, you can get done.... bout right for this country
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03 March 2007, 04:47 PM
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03 March 2007, 05:11 PM
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thanx for your wishes guys....hope to see you all tonight at the cruise if not....could someone break me out for the night...Joking don't do it lol
04 March 2007, 07:29 PM
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Update...all is ok now, had a great solicitor BTMK, and now my abh section 18 has been dealt with and was given a caution at the police station
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