The justification of the reasons for

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The justification of the reasons for fearing that the person concerned would fail to respond to a summons issued under Article 78 of the Code of Criminal Procedure must be apparent from the order given to the judicial police officer to bring the person before the court by compulsion and from the related official reports, and it is for the investigating chamber to verify, in the case of a deprivation of liberty, that it was strictly necessary. A judgment is not open to censure where its reasoning shows that the seriousness and nature of the acts which the suspect was likely to commit at the instigation of a terrorist organisation based abroad, and which he was also likely to wish to join, made the risk of a failure to respond to a summons that would have been sent to him a major one

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Scrupulously comply with the statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Anticipate: preventive advice always costs less than litigation

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