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Flashcard 1349111385356

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Question

In certain circumstances beneficiaries can select new trustees (although they cannot actually appoint them) and require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([...]).

Answer

TLATA 1996, s 19(1)(b)

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re. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing

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Flashcard 1358675184908

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is [...] and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

no person nominated in the trust instrument for the purpose of appointing trustees

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358676757772

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and [...] and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

the beneficiaries are all together sui juris

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358678330636

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).

Answer

absolutely entitled to the trust property

status	not learned	measured difficulty	37% [default]	last interval [days]
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them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358679903500

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#co-ownership #land #law

Question

Answer

there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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d Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358681476364

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

select new trustees (although they cannot actually appoint them) and to require existing trustees to retire

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Flashcard 1358683049228

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...] and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

select new trustees (although they cannot actually appoint them)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1358684622092

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

require existing trustees to retire

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1358686194956

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#co-ownership #land

Question

[Statute] has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

TLATA 1996, s19

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Flashcard 1358688554252

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([Statute])

Answer

TLATA 1996, s 19(1)(b)

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etire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1358691175692

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#co-ownership #land

Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s [...])

Answer

19(1)(b)

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iaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<body><html>

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Flashcard 1361627188492

Tags

#freedom-of-person #human-rights #public

Question

Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of [...], (involving the individual also known as Abu Qatada).

Answer

Othman v UK (2012) 55 EHRR 1

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/head>Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of Othman v UK (2012) 55 EHRR 1, (involving the individual also known as Abu Qatada).<html>

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Flashcard 1361635052812

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#hra #law #public

Question

The Supreme Court dismissed the appeal. It held that under the Human Rights Act 1998, s 2(1) it was only required to take into account Strasbourg's jurisprudence, and in this particular case it declined to follow the Chamber's decision in Al-Khawaja

Answer

R v Horncastle

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awaja and Tahery v UK (2009) 49 EHRR 1, the appellants submitted that their convictions breached the ECHR, art 6(3)(d), which guarantees the right of an accused to cross-examine witnesses at a criminal trial, as well as the ECHR, art 6(1).The Supreme Court dismissed the appeal. It held that under the Human Rights Act 1998, s 2(1) it was only required to take into account Strasbourg's jurisprudence, and in this particular case it declined to follow the Chamber's decision in Al-Khawaja (see section 9.2.1 on the Human Rights Act 1998, s 2(1)). The Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safegua

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Flashcard 1361651567884

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#freedom-of-person #human-rights #public

Question

A defendant’s silence could be taken into account where there was other strong evidence against him

Answer

Murray (John) v UK

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In Murray, the ECtHR acknowledged the importance of the right to silence to a fair criminal process as protected through the ECHR, art 6, but it also accepted that the right is not absolute. A defendant’s silence could be taken into account where there was other strong evidence against him, as there was against Murray. Where the court did find for Murray was in its conclusion that the ECHR, art 6(1) read with art 6(3)(c) had been violated because of the denial of access

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Flashcard 1361655500044

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#freedom-of-person #human-rights #public

Question

Criminal Justice and Public Order Act 1994, ss [...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

34-37

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will dr

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Flashcard 1361657072908

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Question

Criminal Justice and Public Order Act [Year?], ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

1994

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Flashcard 1361659432204

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#freedom-of-person #human-rights #public

Question

[statute] 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

Criminal Justice and Public Order Act

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scheduled repetition interval		last repetition or drill

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Flashcard 1361661791500

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Question

[...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

Criminal Justice and Public Order Act 1994, ss 34-37

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Flashcard 1361665461516

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#freedom-of-person #human-rights #public

Question

presumption of innocence protected under the ECHR, art [...].

Answer

6(2)

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361667034380

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#freedom-of-person #human-rights #public

Question

[...] protected under the ECHR, art 6(2).

Answer

presumption of innocence

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361676471564

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Question

under the PACE 1984, access to legal advice may be delayed for up to [...] where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

Answer

36 hours

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361678044428

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Question

under the PACE 1984, access to legal advice may be delayed for up to 36 hours where [...] (PACE 1984, s 58(6)).

Answer

the person is detained for an indictable offence and an officer ranked superintendent or above authorises it

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1361679617292

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Question

under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s [...]).

Answer

58(6)

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html>under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).<html>

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Flashcard 1361681190156

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Question

access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE [year], s 58(6)).

Answer

1984

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Flashcard 1361683549452

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#freedom-of-person #human-rights #public

Question

Access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it ([Statute]).

Answer

PACE 1984, s 58(6)

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Flashcard 1361686170892

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#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to [...] (paragraph 8).

Answer

48 hours

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

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Flashcard 1361687743756

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#freedom-of-person #human-rights #public

Question

Answer

paragraph 8

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Flashcard 1361689316620

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#freedom-of-person #human-rights #public

Question

Under the Terrorism Act [year], Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

2000

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1361691675916

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#freedom-of-person #human-rights #public

Question

Under the [statute] 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

Terrorism Act

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scheduled repetition interval		last repetition or drill

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Flashcard 1361694035212

Tags

#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, [who] may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

an officer of the rank of superintendent or above

status	not learned	measured difficulty	37% [default]	last interval [days]
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Flashcard 1361696394508

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#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1361699540236

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#freedom-of-person #human-rights #public

Question

Under the [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

Terrorism Act 2000, Schedule 8

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

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Flashcard 1361702948108

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#hra #law #public

Question

Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the [statute], in relation to a detained terrorist suspect.

Answer

Terrorism Act 2000, Schedule 8, paragraph 7

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l>Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph 7, in relation to a detained terrorist suspect.<html>

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Flashcard 1361705307404

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#hra #law #public

Question

Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule [...], paragraph 7, in relation to a detained terrorist suspect.

Answer

status	not learned	measured difficulty	37% [default]	last interval [days]
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scheduled repetition interval		last repetition or drill

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pan>Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph 7, in relation to a detained terrorist suspect.<body><html>

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Flashcard 1361706880268

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Question

Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph [...], in relation to a detained terrorist suspect.

Answer

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PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph 7, in relation to a detained terrorist suspect.<body><html>

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Flashcard 1361708977420

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Question

The ECtHR found that the presence of a police officer within hearing range during the applicant's first consultation with his solicitor infringed his right to an effective exercise of his defence rights, a violation of the ECHR, art 6(3)(c) read in conjunction with the ECHR, art 6(1).

Answer

Brennan v UK (2002)

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Brennan v UK (2002) 34 EHRR 18. The ECtHR found that the presence of a police officer within hearing range during the applicant's first consultation with his solicitor infringed his right to an effective exercise of his defence rights, a violation of the ECHR, art 6(3)(c) read in conjunction with the ECHR, art 6(1).

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Flashcard 1361713171724

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#hra #law #public

Question

In this case denial of access to legal advice during questioning following arrest constituted a violation of the ECHR, art 6 and in particular art 6(1), read together with art 6(3)(c).

Answer

Murray (John) v UK

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Murray (John) v UK (1996) 22 EHRR 29. in this case denial of access to legal advice during questioning following arrest constituted a violation of the ECHR, art 6 and in particular art 6(1), read together with art 6(3)(c). Article 6(3)(c) of the ECHR entitles a person charged with a criminal offence 'to defend himself in person or through legal assistance of his own choosing'. The court recognised that

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In [case] the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

Answer

HM Advocate v JK [2002]

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regar

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Question

ECHR Article [...] entitles everyone to a fair and public hearing within a reasonable time.

Answer

6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Question

[statute] entitles everyone to a fair and public hearing within a reasonable time.

Answer

ECHR Article 6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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ECHR Article 6(1) entitles everyone to [...] within a reasonable time.

Answer

a fair and public hearing

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Question

ECHR Article 6(1) entitles everyone to a fair and public hearing within [...].

Answer

a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Question

ECHR Article 6(1) entitles [...].

Answer

everyone to a fair and public hearing within a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Question

In [case], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.

Answer

R (Beeson) v Dorset CC [2003]

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In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6

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Question

In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if [...].

Answer

the panel was still able to arrive at a fair and reasonable recommendation

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body>In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.<body><html>

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Question

In [case], the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

Answer

McGonnell v UK (2000)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Question

In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art [...].

Answer

6(1)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Question

ECHR, Art [...]: Right to a Fair Trial

Answer

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ECHR, Art 6: Right to a Fair Trial

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Question

[statute]: Right to a Fair Trial

Answer

ECHR, Art 6

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ECHR, Art 6: Right to a Fair Trial

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ECHR, Art 6: [...]

Answer

Right to a Fair Trial

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ECHR, Art 6: Right to a Fair Trial

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Question

The Terrorism Act 2000 seeks consistency with the ECHR, art [...] by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

Answer

5(3)

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Question

The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue [...].

Answer

with judicial approval

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Question

The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect [...] can only continue with judicial approval.

Answer

beyond 48 hours

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Question

in [case], detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days and six hours was considered too long for the purposes of the ECHR, art 5(3).

Answer

Brogan v UK

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in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days an

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Question

in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of [...] was considered too long for the purposes of the ECHR, art 5(3).

Answer

more than four days and six hours

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Question

A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph [...],).

Answer

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or judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).<body><html>

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Answer

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>A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).<body><html>

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Flashcard 1361767435532

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Question

Answer

Terrorism Act 2000

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

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Answer

Terrorism Act 2000, Schedule 8, paragraph 29

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Question

A [...] may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

Answer

senior judge or designated District Judge

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Question

A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of [...] (Terrorism Act 2000, Schedule 8, paragraph 29,).

Answer

up to seven days from the time of arrest

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Question

The present provisions allow the police to detain a person for [...] on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

Answer

up to 48 hours

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s [...]).

Answer

41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest ([...]).

Answer

Terrorism Act 2000, s 41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

Where certain grounds are satisfied, detaining a person for [...] can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

Answer

up to 36 hours

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by [...] (PACE 1984, s 42(1)).

Answer

a police officer with the rank of superintendent or higher

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s [...]).

Answer

42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...], s 42(1)).

Answer

PACE 1984

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...]).

Answer

PACE 1984, s 42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

The basic length of the detention without charge is for [...] (PACE 1984, s 41(7))

Answer

24 hours

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours (PACE 1984, s [...])

Answer

41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours ([...], s 41(7))

Answer

PACE 1984

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours ([...])

Answer

PACE 1984, s 41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

Under the Terrorism Act 2000, s [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361799941388

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Question

Under the [...], s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

Terrorism Act 2000

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361801514252

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Question

Under the [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

Terrorism Act 2000, s 41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361803087116

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Question

Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer [...].

Answer

'reasonably suspects is a terrorist'

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Question

in the case of [case] the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

Secretary of State for the Home Department v AP, [2010]

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to lib

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a [...] curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

16-hour

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Question

in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live [...] from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

150 miles

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Question

In [case], the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrorism Act 2005 did in fact amount to a deprivation of liberty.

Answer

Re JJ [2007] UKHL 45

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In Re JJ [2007] UKHL 45, the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrori

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Question

[case], the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.

Answer

T and V v UK (2000) 30 EHRR 121

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T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decide

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Question

T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because [...]. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.

Answer

there had been no judicial control of the applicants' detention

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Question

In [case], the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

Answer

Hirst v UK (2001) ECHR 477

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Question

In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of [...] between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

Answer

21 months and 2 years

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Question

ECHR Article [...] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

Answer

5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

[statute] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

Answer

ECHR Article 5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

ECHR Article 5(4) states that [...]

Answer

a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') [...] taken against them.

Answer

to challenge in court the lawfulness of the action

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

In [case], the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.

Answer

Brogan v UK (1989) 11 EHRR 117

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In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems t

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Question

In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of [...] violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.

Answer

four days and six hours

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Question

ECHR Article [...]: the right of a person arrested and detained to be 'brought promptly before a judge'.

Answer

5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

[...]: the right of a person arrested and detained to be 'brought promptly before a judge'.

Answer

ECHR Article 5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article 5(3): the right of a person arrested and detained to [...].

Answer

be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article 5(3): the right [...].

Answer

of a person arrested and detained to be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article [...] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

Answer

5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

[statute] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

Answer

ECHR Article 5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article 5(2) requires that an arrested person be [...].

Answer

informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article 5(2) requires that [...].

Answer

an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article [...] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

5(1)(c)

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Question

[statute] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

ECHR Article 5(1)(c)

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Question

ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty [...]

Answer

where that person is being lawfully arrested and detained

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his

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Question

ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of [...] on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

bringing him before the competent legal authority

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ead><head>ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<

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Question

ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on [...] or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

reasonable suspicion of having committed an offence

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the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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Question

ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it [...] or fleeing after having done so'.

Answer

is reasonably considered necessary to prevent his committing an offence

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s that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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Question

ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or [...]'.

Answer

fleeing after having done so

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lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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Question

Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done [...] and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived of their liberty by the state.

Answer

'in accordance with a procedure prescribed by law'

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Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done 'in accordance with a procedure prescribed by law' and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived o

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Question

Guarantees against arbitrary arrest and detention are provided by the ECHR, art [...].

Answer

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Question

Guarantees against arbitrary arrest and detention are provided by the [statute].

Answer

ECHR, art 5

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Question

Guarantees [...] are provided by the ECHR, art 5.

Answer

against arbitrary arrest and detention

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Question

ECHR, Art [...]: Right to Liberty and Security of the Person

Answer

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ECHR, Art 5: Right to Liberty and Security of the Person

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Question

[statute]: Right to Liberty and Security of the Person

Answer

ECHR, Art 5

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ECHR, Art 5: Right to Liberty and Security of the Person

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Question

ECHR, Art 5: [...]

Answer

Right to Liberty and Security of the Person

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ECHR, Art 5: Right to Liberty and Security of the Person

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Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).

Answer

absolutely entitled to the trust property

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Annotation 1361909517580

#hra #law #public

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1). Reservations are subject to a virtually identical procedure: HRA 1998, s 15(1).

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Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that [...] in an order from the Secretary of State: HRA 1998, s 14(1)

Answer

it is designated as such

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in [...] from the Secretary of State: HRA 1998, s 14(1)

Answer

an order

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order [...]: HRA 1998, s 14(1)

Answer

from the Secretary of State

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s [...]

Answer

14(1)

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

Original toplevel document (pdf)

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Flashcard 1361917381900

Tags

#hra #law #public

Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA [...], s 14(1)

Answer

1998

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

Original toplevel document (pdf)

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Flashcard 1361918954764

Tags

#hra #law #public

Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: [statute] 1998, s 14(1)

Answer

HRA

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

Original toplevel document (pdf)

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Flashcard 1361921314060

Tags

#hra #law #public

Question

The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: [statute]

Answer

HRA 1998, s 14(1)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

Original toplevel document (pdf)

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Annotation 1361929702668

#hra #law #public

The HRA 1998, s 8(1) provides that, where a court or tribunal finds that an act of a public authority is unlawful, contrary to the HRA 1998, s 6(1), it may grant such remedy as it considers 'just and appropriate'.

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Open it
The HRA 1998, s 8(1) provides that, where a court or tribunal finds that an act of a public authority is unlawful, contrary to the HRA 1998, s 6(1), it may grant such remedy as it considers 'just and appropriate'. The power to award a remedy is, however, limited in a number of respects (see the HRA 1998, s 8(1)– (4)). In practice, the nature of the remedy will vary greatly according to the contex

Original toplevel document (pdf)

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Flashcard 1361931799820

Tags

#hra #law #public

Question

The HRA 1998, s [...] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

Answer

6(2)(a)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361933372684

Tags

#hra #law #public

Question

The [statute] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

Answer

HRA 1998, s 6(2)(a)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

cannot see any pdfs

Flashcard 1361935731980

Tags

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Question

The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if [...].

Answer

'as a result of one or more provisions of primary legislation, the authority could not have acted differently'

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361939139852

Tags

#hra #law #public

Question

The 'victim' test is narrower than the 'sufficient interest' test in judicial review proceedings (see Chapter 13). It will exclude applications from pressure groups or other interest groups unless [...]. Pressure groups and interest groups may, however, be heard in proceedings in the capacity of intervenors.

Answer

their own rights, as organisations, are directly affected

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The 'victim' test is narrower than the 'sufficient interest' test in judicial review proceedings (see Chapter 13). It will exclude applications from pressure groups or other interest groups unless their own rights, as organisations, are directly affected. Pressure groups and interest groups may, however, be heard in proceedings in the capacity of intervenors.

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Flashcard 1361940974860

Tags

#hra #law #public

Question

The HRA 1998, s [...] provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

Answer

7(7)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361942547724

Tags

#hra #law #public

Question

The [statute] provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

Answer

HRA 1998, s 7(7)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

Original toplevel document (pdf)

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Flashcard 1361945431308

Tags

#hra #law #public

Question

The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art [...].

Answer

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

Original toplevel document (pdf)

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Flashcard 1361947004172

Tags

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Question

The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the [statute].

Answer

ECHR, art 34

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361949363468

Tags

#hra #law #public

Question

The HRA 1998, s 7(7) provides that [...] as that under the ECHR, art 34.

Answer

the term 'victim' has the same meaning

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

Original toplevel document (pdf)

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Flashcard 1361951460620

Tags

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Question

The HRA 1998, s [...] grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to:
(a) bring legal proceedings against the authority (a 'sword'); or
(b) rely on ECHR rights in any legal proceedings brought against them (a 'shield').

Answer

7(1)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 7(1) grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to: (a) bring legal proceedings against the authority (a 'sword'); or (b) rely

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Flashcard 1361953033484

Tags

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Question

The [statute] grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to:
(a) bring legal proceedings against the authority (a 'sword'); or
(b) rely on ECHR rights in any legal proceedings brought against them (a 'shield').

Answer

HRA 1998, s 7(1)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Annotation 1361955654924

#hra #law #public

The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Open it
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5)). Although private individuals do not owe obligations under the ECHR, their conduct may be regulated in a Convention compatible way under the indirect horizontal effect of the HRA 1998

Original toplevel document (pdf)

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Flashcard 1361957227788

Tags

#hra #law #public

Question

The final category recognised by the HRA 1998 are private bodies with [...] (HRA 1998, s 6(5))

Answer

no public functions at all

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

Original toplevel document (pdf)

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Flashcard 1361958800652

Tags

#hra #law #public

Question

The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s [...])

Answer

6(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

Original toplevel document (pdf)

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Flashcard 1361960373516

Tags

#hra #law #public

Question

The final category recognised by the HRA 1998 are private bodies with no public functions at all ([...])

Answer

HRA 1998, s 6(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

Original toplevel document (pdf)

cannot see any pdfs

Annotation 1361963519244

#hra #law #public

Although private individuals do not owe obligations under the ECHR, their conduct may be regulated in a Convention compatible way under the indirect horizontal effect of the HRA 1998.

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Original toplevel document (pdf)

cannot see any pdfs

Annotation 1361965354252

#hra #law #public

Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Open it
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5). An extension of time may be granted in exceptional cases where the court considers it 'equitable' to do so in all the circumstances.

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Flashcard 1361966927116

Tags

#hra #law #public

Question

Actions under the HRA 1998 must be commenced [...] of the date of the act complained of: HRA 1998, s 7(5).

Answer

within one year

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

Original toplevel document (pdf)

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Flashcard 1361968499980

Tags

#hra #law #public

Question

Actions under the HRA 1998 must be commenced within one year of the [...]: HRA 1998, s 7(5).

Answer

date of the act complained of

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

Original toplevel document (pdf)

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Flashcard 1361970597132

Tags

#hra #law #public

Question

Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s [...].

Answer

7(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

Original toplevel document (pdf)

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Flashcard 1361972169996

Tags

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Question

Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: [statute].

Answer

HRA 1998, s 7(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

Original toplevel document (pdf)

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Flashcard 1361975053580

Tags

#hra #law #public

Question

The HRA 1998, s [...] deals with the provision of remedies.

Answer

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 8 deals with the provision of remedies.

Original toplevel document (pdf)

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Flashcard 1361976626444

Tags

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Question

The [statute] deals with the provision of remedies.

Answer

HRA 1998, s 8

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 8 deals with the provision of remedies.

Original toplevel document (pdf)

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Flashcard 1361978985740

Tags

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Question

The HRA 1998, s 8 deals with [...].

Answer

the provision of remedies

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 8 deals with the provision of remedies.

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Flashcard 1361980820748

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Question

The Health and Social Care Act 2008, s [...] specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

145

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing ac

Original toplevel document (pdf)

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Flashcard 1361982393612

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Question

The [statute] 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

Health and Social Care Act

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361984752908

Tags

#hra #law #public

Question

The Health and Social Care Act [...], s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

2008

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361987374348

Tags

#hra #law #public

Question

The [statute], s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

Health and Social Care Act 2008

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361989733644

Tags

#hra #law #public

Question

The [statute] specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

Health and Social Care Act 2008, s 145

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Original toplevel document (pdf)

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Flashcard 1361992092940

Tags

#hra #law #public

Question

The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when [...]. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.

Answer

providing accommodation together with nursing or personal care

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
><head>The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.<html>

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Flashcard 1361993927948

Tags

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Question

The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in [...].

Answer

July 2008

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
uman Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.<body><html>

Original toplevel document (pdf)

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Annotation 1361996287244

#hra #law #public

The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Open it
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s 6(5).

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Flashcard 1361997860108

Tags

#hra #law #public

Question

The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s [...].

Answer

6(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s 6(5).<body><html>

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Flashcard 1361999432972

Tags

#hra #law #public

Question

Answer

HRA 1998, s 6(5)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
RA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s 6(5).<body><html>

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Flashcard 1362001792268

Tags

#hra #law #public

Question

The HRA 1998, s [...] provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

Answer

6(3)(b)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

Original toplevel document (pdf)

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Flashcard 1362003365132

Tags

#hra #law #public

Question

The [statute] provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

Answer

HRA 1998, s 6(3)(b)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

Original toplevel document (pdf)

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Flashcard 1362005724428

Tags

#hra #law #public

Question

The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes [...].

Answer

‘any person certain of whose functions are functions of a public nature’

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

Open it
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

Original toplevel document (pdf)

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Annotation 1362008608012

#hra #law #public

The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

status	not read	reprioritisations
last reprioritisation on		suggested re-reading day
started reading on		finished reading on

Parent (intermediate) annotation

Open it
The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'. The reasoning behind this is influenced by the idea of parliamentary sovereignty; if a court has accepted that the legislation cannot be 'interpreted' in a Convention-compliant way, th

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Flashcard 1362009656588

Tags

#hra #law #public

Question

Answer

6(2)(a)

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
scheduled repetition interval		last repetition or drill

Parent (intermediate) annotation

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Flashcard 1362011229452

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#hra #law #public

Question

The [statute] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

Answer

HRA 1998, s 6(2)(a)

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Flashcard 1362013588748

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Question

The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, [...]'.

Answer

the authority could not have acted differently

status	not learned	measured difficulty	37% [default]	last interval [days]
repetition number in this series	0	memorised on		scheduled repetition
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Flashcard 1362015161612

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Question

The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if [...].

Answer

'as a result of one or more provisions of primary legislation, the authority could not have acted differently'

status	not learned	measured difficulty	37% [default]	last interval [days]
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Annotation 1362016996620

#hra #law #public

It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights. For an (unsuccessful) challenge to an Act of the Scottish Parliament under the Scotland Act 1998, s 29(2)(d) see AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46. See also ANS

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Flashcard 1362018569484

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Question

It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s [...] provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

Answer

29(2)(d)

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Original toplevel document (pdf)

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Flashcard 1362020142348

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Question

It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act [...], s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

Answer

1998

status	not learned	measured difficulty	37% [default]	last interval [days]
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scheduled repetition interval		last repetition or drill

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Flashcard 1362021715212

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Question

It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The [statute] 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

Answer

Scotland Act

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Original toplevel document (pdf)

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Flashcard 1362024074508

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Question

It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The [statute] provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

Answer

Scotland Act 1998, s 29(2)(d)

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Flashcard 1362026433804

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Question

Answer

it is incompatible with any of the Convention rights

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Open it
ead><head>It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.<html>

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Flashcard 1362028530956

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Question

The HRA 1998, s 6 effectively recognises three types of bodies:
1. 'core' public authorities (HRA 1998, s 6(1));
2. 'functional/hybrid' public authorities (HRA 1998, s[...]);
3. private bodies (HRA 1998, s 6(5)).

Answer

6(3)(b)

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Open it
The HRA 1998, s 6 effectively recognises three types of bodies: 1. 'core' public authorities (HRA 1998, s 6(1)); 2. 'functional/hybrid' public authorities (HRA 1998, s6(3)(b)); 3. private bodies (HRA 1998, s 6(5)).

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Flashcard 1362030365964

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Question

The HRA 1998, s 6 effectively recognises three types of bodies:
1. 'core' public authorities (HRA 1998, s 6(1));
2. 'functional/hybrid' public authorities ([statute]);
3. private bodies (HRA 1998, s 6(5)).

Answer

HRA 1998, s6(3)(b)

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Annotation 1362033511692

#hra #law #public

In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.

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In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'. His Lordship further suggested that the following factors could be considered relevant in determining whether a body is a 'core' public authority: (a) the possession of specia

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Flashcard 1362035084556

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Question

Answer

whose nature is governmental in a broad sense

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Open it
ank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.<body><html>

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Flashcard 1362036657420

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Question

In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. [...] (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.

Answer

Lord Nicholls

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head><head>In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.</htm

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Flashcard 1362038230284

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Question

In the leading case of [...] the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.

Answer

Aston Cantlow v Wallbank, [2003]

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Original toplevel document (pdf)

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Flashcard 1362040589580

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Question

However, a public authority will not breach the obligation imposed by the HRA 1998, s 6(1), if:
(a) it is required by primary legislation to so act: HRA 1998, s 6(2)(a), or
(b) it is acting so as to give effect to or enforce incompatible primary or subordinate legislation: HRA 1998, s [...].

Answer

6(2)(b)

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ation imposed by the HRA 1998, s 6(1), if: (a) it is required by primary legislation to so act: HRA 1998, s 6(2)(a), or (b) it is acting so as to give effect to or enforce incompatible primary or subordinate legislation: HRA 1998, s 6(2)(b).<body><html>

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Flashcard 1362042162444

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Question

Answer

HRA 1998, s 6(2)(b)

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Open it
ch the obligation imposed by the HRA 1998, s 6(1), if: (a) it is required by primary legislation to so act: HRA 1998, s 6(2)(a), or (b) it is acting so as to give effect to or enforce incompatible primary or subordinate legislation: HRA 1998, s 6(2)(b).<body><html>

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Flashcard 1362045046028

Tags

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Question

HRA 1998, s [...] makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

Answer

6(1)

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Open it
HRA 1998, s 6(1) makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

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Flashcard 1362046618892

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Question

[statute], s 6(1) makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

Answer

HRA 1998

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HRA 1998, s 6(1) makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

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Flashcard 1362048978188

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Question

[statute] makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

Answer

HRA 1998, s 6(1)

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HRA 1998, s 6(1) makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

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Flashcard 1362051337484

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Question

HRA 1998, s 6(1) makes it: [...].

Answer

'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'

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HRA 1998, s 6(1) makes it: 'unlawful for a public authority to act in a way which is incompatible with [ECHR] rights'.

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Flashcard 1362054221068

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Question

Note that the phrase 'to act' includes a failure to act: HRA 1998, s [...].

Answer

6(6)

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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Flashcard 1362055793932

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#hra #law #public

Question

Note that the phrase 'to act' includes a failure to act: [statute].

Answer

HRA 1998, s 6(6)

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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Flashcard 1362058153228

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Question

Note that the phrase 'to act' [...]: HRA 1998, s 6(6).

Answer

includes a failure to act

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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Annotation 1362060512524

#hra #law #public

The HRA 1998, s 6(3)(a) recognises that courts and tribunals are 'core public authorities'.

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Open it
The HRA 1998, s 6(3)(a) recognises that courts and tribunals are 'core public authorities'. This suggests that their judgments and orders must be compatible with Convention rights, even in proceedings between private parties, allowing Convention rights to affect the substance

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Flashcard 1362062871820

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Question

The HRA 1998, s [...] recognises that courts and tribunals are 'core public authorities'.

Answer

6(3)(a)

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Open it
The HRA 1998, s 6(3)(a) recognises that courts and tribunals are 'core public authorities'.

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Flashcard 1362064444684

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#hra #law #public

Question

The [statute] recognises that courts and tribunals are 'core public authorities'.

Answer

HRA 1998, s 6(3)(a)

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Open it
The HRA 1998, s 6(3)(a) recognises that courts and tribunals are 'core public authorities'.

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Flashcard 1362066803980

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Question

The HRA 1998, s 6(3)(a) recognises that [...] are 'core public authorities'.

Answer

courts and tribunals

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Open it
The HRA 1998, s 6(3)(a) recognises that courts and tribunals are 'core public authorities'.

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Flashcard 1362068638988

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Question

Under the HRA 1998, s [...], only the High Court and appellate courts have the power to make such declarations of incompatibility.

Answer

4(5)

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Under the HRA 1998, s 4(5), only the High Court and appellate courts have the power to make such declarations of incompatibility.

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Flashcard 1362070211852

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Question

Under the [statute], only the High Court and appellate courts have the power to make such declarations of incompatibility.

Answer

HRA 1998, s 4(5)

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Under the HRA 1998, s 4(5), only the High Court and appellate courts have the power to make such declarations of incompatibility.

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Flashcard 1362072571148

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Question

Under the HRA 1998, s 4(5), only the [...] have the power to make such declarations of incompatibility.

Answer

High Court and appellate courts

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Open it
Under the HRA 1998, s 4(5), only the High Court and appellate courts have the power to make such declarations of incompatibility.

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Annotation 1362074668300

#hra #law #public

When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party. In this way the court will hear submissions from the government on the objects and purposes of the legislation in question and any other relevant matter.

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Flashcard 1362075979020

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#hra #law #public

Question

When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s [...] confers a right on the relevant minister to be joined as a party.

Answer

5(1)

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Open it
When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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Flashcard 1362077551884

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Question

When a question of legislative incompatibility is raised in proceedings, the [...], s 5(1) confers a right on the relevant minister to be joined as a party.

Answer

HRA 1998

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Open it
When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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Flashcard 1362079124748

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#hra #law #public

Question

When a question of legislative incompatibility is raised in proceedings, the [...] confers a right on the relevant minister to be joined as a party.

Answer

HRA 1998, s 5(1)

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Open it
When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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Flashcard 1362080697612

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#hra #law #public

Question

When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the [...] to be joined as a party.

Answer

relevant minister

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Open it
When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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Flashcard 1362082270476

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Question

When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers [...].

Answer

a right on the relevant minister to be joined as a party

status	not learned	measured difficulty	37% [default]	last interval [days]
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Open it
When a question of legislative incompatibility is raised in proceedings, the HRA 1998, s 5(1) confers a right on the relevant minister to be joined as a party.

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Flashcard 1362084891916

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Question

In [case] the House of Lords made a declaration of incompatibility in respect of the Matrimonial Causes Act 1973, s 11(c), as the fact that it made no provision for the recognition of gender reassignment made it incompatible with the ECHR, arts 8 and 12.

Answer

Bellinger v Bellinger, [2003]

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In Bellinger v Bellinger, [2003] UKHL 21 the House of Lords made a declaration of incompatibility in respect of the Matrimonial Causes Act 1973, s 11(c), as the fact that it made no provision for the recognition of gender rea

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Flashcard 1362087251212

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Question

In Bellinger v Bellinger, [2003] UKHL 21 the House of Lords made [...] in respect of the Matrimonial Causes Act 1973, s 11(c), as the fact that it made no provision for the recognition of gender reassignment made it incompatible with the ECHR, arts 8 and 12.

Answer

a declaration of incompatibility

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Flashcard 1362088824076

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Question

In Bellinger v Bellinger, [2003] UKHL 21 the House of Lords made a declaration of incompatibility in respect of the Matrimonial Causes Act 1973, s 11(c), as the fact that it made no provision for the recognition of gender reassignment made it incompatible with the ECHR, [...]

Answer

arts 8 and 12.

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] UKHL 21 the House of Lords made a declaration of incompatibility in respect of the Matrimonial Causes Act 1973, s 11(c), as the fact that it made no provision for the recognition of gender reassignment made it incompatible with the ECHR, arts 8 and 12.<body><html>

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Flashcard 1362090396940

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Question

In Bellinger v Bellinger, [2003] UKHL 21 the House of Lords made a declaration of incompatibility in respect of the Matrimonial Causes Act 1973, s 11(c), as [...] made it incompatible with the ECHR, arts 8 and 12.

Answer

the fact that it made no provision for the recognition of gender reassignment

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Flashcard 1362093018380

Tags

#freedom-of-person #human-rights #public

Question

ECHR, Art [...]: Right to Life

Answer

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Open it
ECHR, Art 2: Right to Life

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Flashcard 1362094591244

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#freedom-of-person #human-rights #public

Question

[statute]: Right to Life

Answer

ECHR, Art 2

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ECHR, Art 2: Right to Life

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#freedom-of-person #human-rights #public

Question

ECHR, Art 2: [...]

Answer

Right to Life

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ECHR, Art 2: Right to Life

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[unknown IMAGE 1362125786380]

#aima-3ed #artificial-intelligence #has-images

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Remember the [...] (test annotation)

Answer

graph

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Remember the graph

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Question

TLATA 1996, s[...] has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

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TLATA [...], s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

1996

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Question

[statute], s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).

Answer

TLATA 1996

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Question

TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([statute], s 19(1)(b)).

Answer

TLATA 1996

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in [statute], s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

LPA 1925

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Transfer of an Existing Equitable Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performa

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s [...].

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

53(1)(c)

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with [statute] 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

LP(MP)A

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table Interest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estat

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A [...], s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

1989

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terest (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estate in

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Flashcard 1362155408652

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with [statute], s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

LP(MP)A 1989

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Flashcard 1362157767948

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s [...]) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

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13; (a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c). (b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done. (c) Where the holder of an absolute title in an estate in land

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the [statute], s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

LPA 1925

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t which ought to be done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<body><html>

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Flashcard 1362161700108

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Question

Transfer of an Existing Equitable Interest

(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).

(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A 1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.

(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s [...] to imply the equitable interest into the
transfer (unless a contrary intention is expressed).

Answer

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t to be done. (c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<body><html>

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Flashcard 1362165894412

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#co-ownership #land #law

Question

The maximum number of trustees permitted is four: [statute] 1925, s 34(2).

Answer

Trustee Act

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2).

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Flashcard 1362168253708

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Question

The maximum number of trustees permitted is four: Trustee Act [...], s 34(2).

Answer

1925

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2).

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Flashcard 1362169826572

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#co-ownership #land #law

Question

The maximum number of trustees permitted is four: Trustee Act 1925, s [...].

Answer

34(2)

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The maximum number of trustees permitted is four: Trustee Act 1925, s 34(2).

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Flashcard 1362172448012

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Question

If the bankrupt party is a joint tenant at the time of becoming bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per [Statute] 1986, s 306)

Answer

Insolvency Act

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bankrupt, the bankruptcy will amount to an act of severance. The bankrupt party will then become a beneficial tenant in common as to an undivided share in the property, which will then automatically vest in their trustee in bankruptcy (as per Insolvency Act 1986, s 306)<body><html>

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Flashcard 1362174283020

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Answer

1986

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Flashcard 1362176118028

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Question

Answer

306

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Flashcard 1362178215180

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Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s [...] for an order for sale of the co-owned property.

Answer

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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property.

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Flashcard 1362179788044

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#co-ownership #land #law

Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under [statute], s 14 for an order for sale of the co-owned property.

Answer

TLATA 1996

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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property.

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Flashcard 1362182147340

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#co-ownership #land #law

Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under [statute] for an order for sale of the co-owned property.

Answer

TLATA 1996, s 14

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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property.

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Flashcard 1362184506636

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#co-ownership #land #law

Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for [...].

Answer

an order for sale of the co-owned property

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If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property.

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Flashcard 1362186341644

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#co-ownership #land #law

Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is [Statute] , s 335A which provides the list of relevant factors to which the court must have regard.

Answer

Insolvency Act 1986

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court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.<body><html>

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Flashcard 1362188176652

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#co-ownership #land #law

Question

If a sale is opposed by the other co-owner(s), then the trustee in bankruptcy must apply to the court under TLATA 1996, s 14 for an order for sale of the co-owned property. When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s [...] which provides the list of relevant factors to which the court must have regard.

Answer

335A

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Annotation 1362190273804

#equity #law

The principle that the rules of equity prevail is now referred to in Senior Courts Act 1981, s 49(1)

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Annotation 1362191846668

#certainties #equity #law

A trust must be sufficiently certain to be valid and so enforceable.

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Annotation 1362196303116

#certainties #equity #law

According to the cases, e.g. Knight v Knight (1840) 3 Beav 172, three certainties are required, namely certainty of:
1. Words or intention (to create a trust);
2. Subject-matter (the property subject to the trust);
3. Objects (beneficiaries).

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Annotation 1362198662412

#certainties #equity #law

Technical words are not required; ‘equity looks to the intent rather than the form’. The word ‘trust’ need not necessarily be used for a trust to be created.

In Re Kayford [1975] 1 All ER 604, Megarry J said (at page 607 A):

. . . it is well settled that a trust can be created without using the words ‘trust’ or ‘confidence’ or the like: the question is whether in substance a sufficient intention to create a trust has been manifested.

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Annotation 1362201021708

#certainties #equity #law

A distinction is drawn between:
IMPERATIVE words, showing an intention to create a legally binding obligation, which will create a trust; and
PRECATORY words, merely expressing a hope or wish, rather than imposing an obligation, which will not generally create a trust.

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Annotation 1362203381004

#certainties #equity #law

The turning point is said to be the case of Lambe v Eames (1871) 6 Ch App 597, where property had been left by the testator to his widow ‘to be at her disposal in any way she may think best, for the benefit of herself and her family’. The widow gave part of the assets by will to someone who was not a member of the family. The court held that the widow was absolutely entitled to the property and could make a valid gift of it to anyone. Referring to the earlier case law (from which the Court of Appeal departed), James LJ said:

. . . in hearing case after case cited, I could not help feeling that the officious kindness of the Court of Chancery in interposing trusts where in many cases the father of the family never meant to create trusts, must have been a very cruel kindness indeed.

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Annotation 1362205740300

#certainties #equity #law

The importance of construction of the particular words and circumstances is shown by comparing the cases of Re Adams and the Kensington Vestry (1884) 27 Ch D 394 and Comiskey v Bowring-Hanbury [1905] AC 84. These cases show that phrases such as ‘in full confidence’ may or may not impose a trust. The crucial factor is whether the context of the will as a whole indicates that this was the testator’s intention.

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Annotation 1362207313164

#certainties #equity #law

Let us compare the wording in Re Adams (1884) 27 Ch D 394 with the wording in Comiskey v Bowring-Hanbury [1905] AC 84. In the former case a testator left his property to his wife absolutely ‘in full confidence that she will do what is right as to the disposal thereof between’ his children in her lifetime or by her will. It was held she took the property free from any trust in favour of the children. In the latter case the words ‘in full confidence’ in context created a trust. T left his estate and property to his wife ‘absolutely, in full confidence that she will make such use of it as I should have made myself, and that at her death she will devise it to such one or more of my nieces as she may think fit. And in default of any disposition by her thereof by her will or testament I hereby direct that all my estate and property acquired by her under this my will shall at her death be divided among the surviving said nieces.’

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Edited, memorised or added to reading queue

on 03-Jul-2016 (Sun)

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Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)

Parent (intermediate) annotation

Original toplevel document (pdf)