Edited, memorised or added to reading list

on 03-Jul-2016 (Sun)

Do you want BuboFlash to help you learning these things? Click here to log in or create user.

Flashcard 1349111385356

Tags
#co-ownership #land
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 (<span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358675184908

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358676757772

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358678330636

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358679903500

Tags
#co-ownership #land #law
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 [...] (TLATA 1996, s 19(1)(b)).
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358681476364

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358683049228

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 an

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358684622092

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358686194956

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358688554252

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 (<span>TLATA 1996, s 19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1358691175692

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
/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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361635052812

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).<span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361651567884

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361655500044

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361657072908

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 cou

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361659432204

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361661791500

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361665461516

Tags
#freedom-of-person #human-rights #public
Question
presumption of innocence protected under the ECHR, art [...].
Answer
6(2)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361667034380

Tags
#freedom-of-person #human-rights #public
Question
[...] protected under the ECHR, art 6(2).
Answer
presumption of innocence


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361676471564

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361678044428

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361679617292

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361681190156

Tags
#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 (PACE [year], s 58(6)).
Answer
1984


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361683549452

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361686170892

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361687743756

Tags
#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 48 hours ([...]).
Answer
paragraph 8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361689316620

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).</s

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361691675916

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361696394508

Tags
#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
8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361699540236

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361702948108

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361705307404

Tags
#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
8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>8, paragraph 7, in relation to a detained terrorist suspect.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361706880268

Tags
#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 8, paragraph [...], in relation to a detained terrorist suspect.
Answer
7


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>7, in relation to a detained terrorist suspect.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361708977420

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361713171724

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361718938892

Tags
#freedom-of-person #human-rights #public
Question
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]


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361722346764

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article [...] entitles everyone to a fair and public hearing within a reasonable time.
Answer
6(1)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361723919628

Tags
#freedom-of-person #human-rights #public
Question
[statute] entitles everyone to a fair and public hearing within a reasonable time.
Answer
ECHR Article 6(1)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361726541068

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article 6(1) entitles everyone to [...] within a reasonable time.
Answer
a fair and public hearing


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361728113932

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article 6(1) entitles everyone to a fair and public hearing within [...].
Answer
a reasonable time


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361729686796

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article 6(1) entitles [...].
Answer
everyone to a fair and public hearing within a reasonable time


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361732570380

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361734929676

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361736764684

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361739123980

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361746201868

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art [...]: Right to a Fair Trial
Answer
6


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 6: Right to a Fair Trial

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361747774732

Tags
#freedom-of-person #human-rights #public
Question
[statute]: Right to a Fair Trial
Answer
ECHR, Art 6


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 6: Right to a Fair Trial

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361750134028

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art 6: [...]
Answer
Right to a Fair Trial


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 6: Right to a Fair Trial

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361751969036

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361753541900

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361755114764

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361757736204

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361760095500

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 and six hours was considered too long for the purposes of the ECHR, art 5(3).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361764289804

Tags
#freedom-of-person #human-rights #public
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
29


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>29,).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361765862668

Tags
#freedom-of-person #human-rights #public
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 [...], paragraph 29,).
Answer
8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
>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,).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361767435532

Tags
#freedom-of-person #human-rights #public
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 ([...], Schedule 8, paragraph 29,).
Answer
Terrorism Act 2000


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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,).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361769008396

Tags
#freedom-of-person #human-rights #public
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 ([...],).
Answer
Terrorism Act 2000, Schedule 8, paragraph 29


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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,).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361770581260

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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, Sche

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361772154124

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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,).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361773989132

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361775561996

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361777134860

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361783688460

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361785261324

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361786834188

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361788407052

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361789979916

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361791552780

Tags
#freedom-of-person #human-rights #public
Question
The basic length of the detention without charge is for [...] (PACE 1984, s 41(7))
Answer
24 hours


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361793125644

Tags
#freedom-of-person #human-rights #public
Question
The basic length of the detention without charge is for 24 hours (PACE 1984, s [...])
Answer
41(7)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361794698508

Tags
#freedom-of-person #human-rights #public
Question
The basic length of the detention without charge is for 24 hours ([...], s 41(7))
Answer
PACE 1984


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361796271372

Tags
#freedom-of-person #human-rights #public
Question
The basic length of the detention without charge is for 24 hours ([...])
Answer
PACE 1984, s 41(7)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361798368524

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361799941388

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361801514252

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361803087116

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361808067852

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361810427148

Tags
#freedom-of-person #human-rights #public
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 [...] 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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 liberty under the ECHR, art 5. The appellant had been subj

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361812000012

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361814097164

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361818553612

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361820912908

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 decided on the length of the tariff to be served and there had been no form of review.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361822747916

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361825107212

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361827728652

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361829301516

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361831660812

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361833233676

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361835068684

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361837690124

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 to suggest that, while this question should be judged in the context of t

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361841097996

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article [...]: the right of a person arrested and detained to be 'brought promptly before a judge'.
Answer
5(3)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361842670860

Tags
#freedom-of-person #human-rights #public
Question
[...]: the right of a person arrested and detained to be 'brought promptly before a judge'.
Answer
ECHR Article 5(3)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361844243724

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article 5(3): the right of a person arrested and detained to [...].
Answer
be 'brought promptly before a judge'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361845816588

Tags
#freedom-of-person #human-rights #public
Question
ECHR Article 5(3): the right [...].
Answer
of a person arrested and detained to be 'brought promptly before a judge'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361848438028

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361850010892

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361852370188

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361853943052

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361857613068

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 purp

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361859185932

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 purp

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361861545228

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361863904524

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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'.<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361865477388

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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'.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361867050252

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361868623116

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>fleeing after having done so'.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361871768844

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361874128140

Tags
#freedom-of-person #human-rights #public
Question
Guarantees against arbitrary arrest and detention are provided by the ECHR, art [...].
Answer
5


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361875701004

Tags
#freedom-of-person #human-rights #public
Question
Guarantees against arbitrary arrest and detention are provided by the [statute].
Answer
ECHR, art 5


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361878060300

Tags
#freedom-of-person #human-rights #public
Question
Guarantees [...] are provided by the ECHR, art 5.
Answer
against arbitrary arrest and detention


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361879633164

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art [...]: Right to Liberty and Security of the Person
Answer
5


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361881206028

Tags
#freedom-of-person #human-rights #public
Question
[statute]: Right to Liberty and Security of the Person
Answer
ECHR, Art 5


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361883565324

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art 5: [...]
Answer
Right to Liberty and Security of the Person


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361898769676

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







#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)

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on


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). Reservations are subject to a virtually identical procedure: HRA 1998, s 15(1).

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1361911090444

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361912663308

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 [...] from the Secretary of State: HRA 1998, s 14(1)
Answer
an order


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361914236172

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 [...]: HRA 1998, s 14(1)
Answer
from the Secretary of State


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361915809036

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 1998, s [...]
Answer
14(1)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







#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'.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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)

cannot see any pdfs




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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.

Original toplevel document (pdf)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361935731980

Tags
#hra #law #public
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'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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.

Original toplevel document (pdf)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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
34


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361947004172

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361951460620

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361953033484

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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

Original toplevel document (pdf)

cannot see any pdfs







#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))

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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)

cannot see any pdfs




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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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







#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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)

cannot see any pdfs




#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).

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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.

Original toplevel document (pdf)

cannot see any pdfs




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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361972169996

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361975053580

Tags
#hra #law #public
Question
The HRA 1998, s [...] deals with the provision of remedies.
Answer
8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361976626444

Tags
#hra #law #public
Question
The [statute] deals with the provision of remedies.
Answer
HRA 1998, s 8


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361978985740

Tags
#hra #law #public
Question
The HRA 1998, s 8 deals with [...].
Answer
the provision of remedies


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361980820748

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







Flashcard 1361982393612

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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 prov

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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 prov

Original toplevel document (pdf)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361993927948

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 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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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 <span>July 2008.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







#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’.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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).

Original toplevel document (pdf)

cannot see any pdfs




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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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 <span>6(5).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1361999432972

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': [statute].
Answer
HRA 1998, s 6(5)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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': <span>HRA 1998, s 6(5).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







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’


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised 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)

cannot see any pdfs







#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'.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
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

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1362009656588

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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362011229452

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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.<

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362013588748

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362015161612

Tags
#hra #law #public
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'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

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'.

Original toplevel document (pdf)

cannot see any pdfs







#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on


Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1362018569484

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362020142348

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362021715212

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362024074508

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362026433804

Tags
#hra #law #public
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 29(2)(d) provides that an Act of the Scottish Parliament is not law if [...].
Answer
it is incompatible with any of the Convention rights


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362028530956

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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)).

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362030365964

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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)).

Original toplevel document (pdf)

cannot see any pdfs







#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'.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on


Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1362035084556

Tags
#hra #law #public
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. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body [...]'.
Answer
whose nature is governmental in a broad sense


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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 <span>whose nature is governmental in a broad sense'.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362036657420

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362038230284

Tags
#hra #law #public
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]


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 i

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362040589580

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>6(2)(b).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362042162444

Tags
#hra #law #public
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: [statute].
Answer
HRA 1998, s 6(2)(b)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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: <span>HRA 1998, s 6(2)(b).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362045046028

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362046618892

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362048978188

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362051337484

Tags
#hra #law #public
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'


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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'.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362054221068

Tags
#hra #law #public
Question
Note that the phrase 'to act' includes a failure to act: HRA 1998, s [...].
Answer
6(6)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362055793932

Tags
#hra #law #public
Question
Note that the phrase 'to act' includes a failure to act: [statute].
Answer
HRA 1998, s 6(6)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362058153228

Tags
#hra #law #public
Question
Note that the phrase 'to act' [...]: HRA 1998, s 6(6).
Answer
includes a failure to act


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







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

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on


Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1362062871820

Tags
#hra #law #public
Question
The HRA 1998, s [...] recognises that courts and tribunals are 'core public authorities'.
Answer
6(3)(a)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362064444684

Tags
#hra #law #public
Question
The [statute] recognises that courts and tribunals are 'core public authorities'.
Answer
HRA 1998, s 6(3)(a)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362066803980

Tags
#hra #law #public
Question
The HRA 1998, s 6(3)(a) recognises that [...] are 'core public authorities'.
Answer
courts and tribunals


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362068638988

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362070211852

Tags
#hra #law #public
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362072571148

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on


Parent (intermediate) annotation

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. 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.

Original toplevel document (pdf)

cannot see any pdfs




Flashcard 1362075979020

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362077551884

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362079124748

Tags
#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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362080697612

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362082270476

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362084891916

Tags
#hra #law #public
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]


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362087251212

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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, arts 8 and

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362088824076

Tags
#hra #law #public
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.


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
] 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, <span>arts 8 and 12.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362090396940

Tags
#hra #law #public
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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, arts 8 and 12.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362093018380

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art [...]: Right to Life
Answer
2


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 2: Right to Life

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362094591244

Tags
#freedom-of-person #human-rights #public
Question
[statute]: Right to Life
Answer
ECHR, Art 2


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 2: Right to Life

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362097999116

Tags
#freedom-of-person #human-rights #public
Question
ECHR, Art 2: [...]
Answer
Right to Life


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
ECHR, Art 2: Right to Life

Original toplevel document (pdf)

cannot see any pdfs







[unknown IMAGE 1362125786380]
#aima-3ed #artificial-intelligence #has-images

Remember the graph (test annotation)

Test annotation 2

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




Flashcard 1362130767116

[unknown IMAGE 1362125786380]
Tags
#aima-3ed #artificial-intelligence #has-images
Question
Remember the [...] (test annotation)
Answer
graph


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Remember the graph (test annotation)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362131815692

[unknown IMAGE 1362125786380]
Tags
#aima-3ed #artificial-intelligence #has-images
Question
Remember the graph
Answer
test annotation


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
Remember the graph (test annotation)

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362139417868

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
19


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362140990732

Question
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 exi

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362142563596

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 exi

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362144922892

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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 (<span>TLATA 1996, s 19(1)(b)).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362147544332

Tags
#interests #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362149903628

Tags
#interests #land #law
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)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362151476492

Tags
#interests #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362153835788

Tags
#interests #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362155408652

Tags
#interests #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362157767948

Tags
#interests #land #law
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
2


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362159340812

Tags
#interests #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>LPA 1925, s 62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362161700108

Tags
#interests #land #law
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
62


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>62 to imply the equitable interest into the transfer (unless a contrary intention is expressed).<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362165894412

Tags
#co-ownership #land #law
Question
The maximum number of trustees permitted is four: [statute] 1925, s 34(2).
Answer
Trustee Act


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362168253708

Tags
#co-ownership #land #law
Question
The maximum number of trustees permitted is four: Trustee Act [...], s 34(2).
Answer
1925


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362169826572

Tags
#co-ownership #land #law
Question
The maximum number of trustees permitted is four: Trustee Act 1925, s [...].
Answer
34(2)


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

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

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362172448012

Tags
#co-ownership #land #law
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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>Insolvency Act 1986, s 306)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362174283020

Tags
#co-ownership #land #law
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 Insolvency Act [...] , s 306)
Answer
1986


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>Insolvency Act 1986, s 306)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362176118028

Tags
#co-ownership #land #law
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 Insolvency Act, s [...] )
Answer
306


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>Insolvency Act 1986, s 306)<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362178215180

Tags
#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 [...] for an order for sale of the co-owned property.
Answer
14


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362179788044

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362182147340

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362184506636

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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.

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362186341644

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







Flashcard 1362188176652

Tags
#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


statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Parent (intermediate) annotation

Open it
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 <span>Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.<span><body><html>

Original toplevel document (pdf)

cannot see any pdfs







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

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#certainties #equity #law
A trust must be sufficiently certain to be valid and so enforceable.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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).

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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.

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs




#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.’

statusnot read reprioritisations
last reprioritisation on reading queue position [%]
started reading on finished reading on

pdf

cannot see any pdfs