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Flashcard 1354560572684

Tags

#co-ownership #land #law

Question

TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in [Statute]: 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.

Answer

TLATA 1996, s. 13(4)

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e occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy

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Flashcard 1354562931980

Tags

#co-ownership #land #law

Question

TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. [...]; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.

Answer

The intentions of the person(s) who created the trust

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neficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<body><html>

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Flashcard 1354564504844

Tags

#co-ownership #land #law

Question

TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. [...]; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under TLATA 1996, s. 12.

Answer

The purposes for which the land is held

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ary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<body><html>

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Flashcard 1354567650572

Tags

#co-ownership #land #law

Question

TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. [...] under TLATA 1996, s. 12.

Answer

The circumstances and wishes of the beneficiaries entitled to occupy the land

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. However, in exercising their powers under this section, the trustees are to have regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<body><html>

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Flashcard 1354569223436

Tags

#co-ownership #land #law

Question

TLATA 1996, s. 13(3) gives the trustees a power to impose reasonable conditions on the occupying beneficiary/beneficiaries (for example, requiring the beneficiary to pay the outgoings or to carry out repairs). However, in exercising their powers under this section, the trustees are to have regard to the factors specified in TLATA 1996, s. 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under [Statute].

Answer

TLATA 1996, s. 12

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regard to the factors specified in s 13(4): 1. The intentions of the person(s) who created the trust; 2. The purposes for which the land is held; and 3. The circumstances and wishes of the beneficiaries entitled to occupy the land under s 12.<body><html>

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Flashcard 1366088617228

Tags

#conspiracy #crime #inchoate #law

Question

The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: [case].

Answer

DPP v Doot [1973] AC 807

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The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: DPP v Doot [1973] AC 807.

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Flashcard 1366090976524

Tags

#conspiracy #crime #inchoate #law

Question

The offence is complete [when?] : DPP v Doot [1973] AC 807.

Answer

as soon as the parties agree

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The offence is complete as soon as the parties agree.There is no need for the parties to have taken steps to carry out their agreement: DPP v Doot [1973] AC 807.

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Flashcard 1366094384396

Tags

#conspiracy #crime #inchoate #law

Question

In [case], the defendant's conviction was quashed because it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew.

Answer

R v Walker [1962] Crim LR 458

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In R v Walker [1962] Crim LR 458, the defendant's conviction was quashed because it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew.

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Flashcard 1366096743692

Tags

#conspiracy #crime #inchoate #law

Question

In R v Walker [1962] Crim LR 458, the defendant's conviction was quashed because [reasoning].

Answer

it could not be proved that the parties had gone beyond the stage of negotiations when the defendant withdrew

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Flashcard 1366099365132

Tags

#crime #inchoate #law

Question

Note that the prohibition contained in the CLA 1977, s [...] does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

Answer

2(2)(a)

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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366100937996

Tags

#crime #inchoate #law

Question

Note that the prohibition contained in the CLA [year], s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

Answer

1977

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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366103297292

Tags

#crime #inchoate #law

Question

Note that the prohibition contained in the [statute] 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

Answer

CLA

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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366105656588

Tags

#crime #inchoate #law

Question

Note that the prohibition contained in the [statute] does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

Answer

CLA 1977, s 2(2)(a)

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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366108015884

Tags

#crime #inchoate #law

Question

Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: [case].

Answer

R v Chrastny [1991] 1 WLR 1381

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Note that the prohibition contained in the CLA 1977, s 2(2)(a) does not prevent the conviction of a person who conspires with their spouse and others: R v Chrastny [1991] 1 WLR 1381.

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Flashcard 1366113520908

Tags

#conspiracy #crime #inchoate #law

Question

Where the parties agree that they will commit a criminal offence only if certain circumstances occur, this is sufficient to establish both the actus reus and the mens rea of conspiracy: [case].

Answer

R v Jackson [1985] Crim LR 442

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Where the parties agree that they will commit a criminal offence only if certain circumstances occur, this is sufficient to establish both the actus reus and the mens rea of conspiracy: see R v Jackson [1985] Crim LR 442.

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Flashcard 1366117977356

Tags

#attempt #crime #inchoate #law

Question

The former common law on attempt was replaced by the Criminal Attempts Act [year].

Answer

1981

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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366120336652

Tags

#attempt #crime #inchoate #law

Question

The former common law on attempt was replaced by the [statute] 1981.

Answer

Criminal Attempts Act

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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366123482380

Tags

#attempt #crime #inchoate #law

Question

The former common law on attempt was replaced by the [statute].

Answer

Criminal Attempts Act 1981 (CAA 1981)

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The former common law on attempt was replaced by the Criminal Attempts Act 1981 (CAA 1981).

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Flashcard 1366128463116

Tags

#attempt #crime #inchoate #law

Question

Under the CAA 1981, s [...]:

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
- (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
- (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'

Answer

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Flashcard 1366130035980

Tags

#attempt #crime #inchoate #law

Question

Under the [statute]:

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
- (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
- (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'

Answer

CAA 1981, s 1

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Flashcard 1366132395276

Tags

#attempt #crime #inchoate #law

Question

Under the CAA 1981, s 1:

If, with intent to commit an offence to which this section applies, a person does an act which is [...], he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.
In any case where:
- (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
- (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'

Answer

more than merely preparatory to the commission of an offence

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Under the CAA 1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commi

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Flashcard 1366133968140

Tags

#attempt #crime #inchoate #law

Question

Under the CAA 1981, s 1:

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence.
A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that [...].
In any case where:
- (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but
- (b) if the facts of the case had been as he believed them to be, his intention would be so regarded. then, for the purposes of subsection (1) above, he shall be regarded as having had an intent to commit that offence.'

Answer

the commission of the offence is impossible

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ch is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. In any case where: (a) apart from this subsection a person's intention would not be regarded as having amounted to an intent to commit an offence; but (b) if the facts of the c

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Flashcard 1366136589580

Tags

#attempt #crime #inchoate #law

Question

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s [...])

Answer

1(1)

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1981, s 1: If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1)) A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(

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Flashcard 1366139997452

Tags

#attempt #crime #inchoate #law

Question

Answer

1(1)

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>If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366141570316

Tags

#attempt #crime #inchoate #law

Question

Answer

1981

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d><head>If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366143929612

Tags

#attempt #crime #inchoate #law

Question

Answer

CAA

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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))<html>

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Flashcard 1366146551052

Tags

#attempt #crime #inchoate #law

Question

Answer

CAA 1981, s 1(1)

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Flashcard 1366148910348

Tags

#attempt #crime #inchoate #law

Question

If, with intent to commit an offence to which this section applies, a person does an act which is [...] to the commission of an offence, he is guilty of an attempt to commit that offence. (CAA 1981, s 1(1))

Answer

more than merely preparatory

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Flashcard 1366150483212

Tags

#attempt #crime #inchoate #law

Question

If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of an [...] that offence. (CAA 1981, s 1(1))

Answer

attempt to commit

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Flashcard 1366153104652

Tags

#attempt #crime #inchoate #law

Question

A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s [...])

Answer

1(2)

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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366154677516

Tags

#attempt #crime #inchoate #law

Question

A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. ([statute], s 1(2))

Answer

CAA 1981

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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366157036812

Tags

#attempt #crime #inchoate #law

Question

A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. ([statute])

Answer

CAA 1981, s 1(2)

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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366159396108

Tags

#attempt #crime #inchoate #law

Question

A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that [...]. (CAA 1981, s 1(2))

Answer

the commission of the offence is impossible

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A person may be guilty of an attempt to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible. (CAA 1981, s 1(2))

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Flashcard 1366162803980

Tags

#crime #inchoate #law

Question

R v Walker & Hayles

Answer

FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where they are satisfied that the defendant foresaw the result as a virtual certainly.

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R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer inten

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Flashcard 1366165163276

Tags

#crime #inchoate #law

Question

R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where [circumstance].

Answer

they are satisfied that the defendant foresaw the result as a virtual certainly

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>R v Walker & Hayles FACTS: This case was on attempted murder. The appellants threw the victim from a third floor balcony. HELD: The court held that the jury may (but do not necessarily have to) infer intention where they are satisfied that the defendant foresaw the result as a virtual certainly.<html>

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Flashcard 1366169095436

Tags

#crime #inchoate #law

Question

R v Taafe [1983] 2 ALL 625.

Answer

FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because there is no such offence.

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R v Taafe [1983] 2 ALL 625. FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import thi

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R v Taafe [1983] 2 ALL 625. FACTS; Taffe was caught importing illegal drugs into the United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because [why?].

Answer

there is no such offence

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United Kingdom. He thought the bag containing the drugs contained currency and he mistakenly that it was an offence to import this currency into the UK. HELD: Taffe could not be convicted of an attempt to import currency into the UK, because there is no such offence.<body><html>

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Non-existent crime: This arises where the accused believes that what he is doing is an offence, whereas it is in fact lawful. You cannot turn a lawful act into an unlawful act. Therefore a prosecutor, seeking to convict a defendant of an offence, relying on the defendant's intent to do something else which is not in itself a crime, will not succeed: [case].

Answer

R v Taafe [1983] 2 ALL 625

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in fact lawful. You cannot turn a lawful act into an unlawful act. Therefore a prosecutor, seeking to convict a defendant of an offence, relying on the defendant's intent to do something else which is not in itself a crime, will not succeed: R v Taafe [1983] 2 ALL 625.<body><html>

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The Criminal Law Act 1977, s [...] (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

1(1)(b)

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s [...] (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

1(2) & (3)

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The [statute], s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

Criminal Law Act 1977

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the [statute], s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

Criminal Attempts Act 1981

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The [statute] (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

Criminal Law Act 1977, s 1(1)(b)

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the [statute] (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.

Answer

Criminal Attempts Act 1981, s 1(2) & (3)

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have [...]

Answer

reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy.

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder.

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The Criminal Law Act 1977, s 1(1)(b) (in relation to statutory conspiracy) and the Criminal Attempts Act 1981, s 1(2) & (3) (in relation to statutory attempt) have reversed the common law position on impossibility in fact. This is now no longer a defence to attempt or conspiracy. So, for example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of [case].

Answer

R v Shivpuri

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example, if X and Y agree that Y will stab V. Y stabs V, but V is already dead, then X and Y will be guilty of conspiracy to murder and Y will be guilty of attempted murder. This is illustrated for attempt in the House of Lords case of R v Shivpuri.<body><html>

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In [case], the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.'

Answer

R v Bateman (1925) 19 Cr App R 8 (CCA)

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In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, [...], the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.'

Answer

in the opinion of the jury

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In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described: '… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the

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In R v Bateman (1925) 19 Cr App R 8 (CCA), the distinction between gross negligence and civil negligence was described:

'… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went [...].'

Answer

beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment

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r App R 8 (CCA), the distinction between gross negligence and civil negligence was described: '… in order to establish criminal liability the facts must be such that, in the opinion of the jury, the negligence of the accused went beyond a mere matter of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.' <body><html>

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Question

R v Gnango [2011] 1 WLR 1414

Answer

The defendant (D) had engaged in a public gunfight with his opponent (X) and an innocent passer-by (V) was killed. Although the appeal case focused on issues of joint enterprise (which is not studied on this module), the case confirmed that X was guilty of the death of V, following the established principles of transferred malice. X had intended to kill D and his intention was simply transferred over to V.

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A more recent case dealing with the issue of transferred malice is that of R v Gnango [2011] 1 WLR 1414. The defendant (D) had engaged in a public gunfight with his opponent (X) and an innocent passer-by (V) was killed. Although the appeal case focused on issues of joint enterprise (which

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Fagan v Metropolitan Police Commissioner [1969] 1QB 439

Answer

FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea at some time during its continuance.

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Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulti

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Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a [...], and it was enough that Fagan had the mens rea at some time during its continuance.

Answer

continuing act

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which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea at some time during its continuance. <body><html>

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Fagan v Metropolitan Police Commissioner [1969] 1QB 439 FACTS: Fagan accidentally drove onto a policeman's foot. The policeman asked him to move off his foot, but Fagan put the handbrake on and refused to do so. He was charged with assaulting a police officer in the execution of his duty. At the time of driving onto the foot, which was the actus reus of the crime, he did not have the mens rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea [...].

Answer

at some time during its continuance

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s rea. HELD: However, the Divisional Court held that the assault involved a battery (see section.6.2) and this battery continued after the car came to rest. The actus reus was a continuing act, and it was enough that Fagan had the mens rea at some time during its continuance. <body><html>

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Question

R v Le Brun [1992] QB 61

Answer

D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.

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In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull

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In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that [...]. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.

Answer

the unlawful act and the act causing death were all part of the 'same transaction'

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attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long

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In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued [...].

Answer

as long as the defendant was trying to cover up the crime he believed he had committed

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and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.<body><html>

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In R v Le Brun [1992] QB 61, D assaulted his wife, hitting her on the jaw and knocking her unconscious. He then attempted to drag her home, and in doing so he accidentally dropped her and she fractured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. [Who?] stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defendant was trying to cover up the crime he believed he had committed.

Answer

Lord Lane

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tured her skull on the pavement. She died from the fracture to the skull. D was convicted of manslaughter and the conviction was upheld. The court said that the unlawful act and the act causing death were all part of the 'same transaction'. Lord Lane stated that it did not matter that there was no preconceived plan and that the defendant knew that his wife was still alive. He said that the transaction continued as long as the defen

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If the defendant does not know he is breaking the law, his mistake will not help him avoid liability. Hence, the saying 'Ignorance of the law is no excuse'. This is the case even if D's ignorance is quite reasonable, and even if it were impossible for him to know of the prohibition in question. In [case] D was convicted of an offence created by a statute when he was on the high seas. He committed it before the end of his voyage when he could not possibly have known of the statute.

Answer

R v Bailey (1800) Russ & Ry 1

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mistake will not help him avoid liability. Hence, the saying 'Ignorance of the law is no excuse'. This is the case even if D's ignorance is quite reasonable, and even if it were impossible for him to know of the prohibition in question. In R v Bailey (1800) Russ & Ry 1 D was convicted of an offence created by a statute when he was on the high seas. He committed it before the end of his voyage when he could not possibly have known of the statute.</spa

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There is no general duty to act to prevent harm – [case]

Answer

R v Smith (William) (1826) 2 C&P 449

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There is no general duty to act to prevent harm – R v Smith (William) (1826) 2 C&P 449

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Whether property is damaged is a question of fact and degree. In [case], the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the article, and the mode by which it was affected. The court stated:

'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function …'

Answer

Samuels v Stubbs [1972] 4 SASR 200

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Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the

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Whether property is damaged is a question of fact and degree.

Answer

Samuels v Stubbs

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Whether property is damaged is a question of fact and degree. In Samuels v Stubbs [1972] 4 SASR 200, the court considered that it was difficult to lay down a general rule as to what constitutes damage. It held that it must be guided by the circumstances of each case, the nature of the article, and the mode by which it was affected. The court stated:

'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as [...] …'

Answer

renders the property useless or prevents it from serving its normal function

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ed. The court stated: '[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function …' <body><html>

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'[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage [...] …'

Answer

it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function

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e, the nature of the article, and the mode by which it was affected. The court stated: '[T]he word … is sufficiently wide in its meaning to embrace injury, mischief or harm done to property, and that in order to constitute damage it is unnecessary to establish such definite or actual damage as renders the property useless or prevents it from serving its normal function …' <body><html>

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In [case], the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that there has to be some expense on the part of the owner to restore the property to its previous condition.

Answer

A (a juvenile) v R [1978] Crim LR 689

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In A (a juvenile) v R [1978] Crim LR 689, the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that there has to be some expense on the part of the owner to restore the pro

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In A (a juvenile) v R [1978] Crim LR 689, the court held that spitting on a policeman's coat was not criminal damage. This decision seems to imply that [...].

Answer

there has to be some expense on the part of the owner to restore the property to its previous condition

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Question

Without Lawful Excuse This element is dealt with in the CDA 1971, ss. [...].

Answer

5(2) and (3)

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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Question

Without Lawful Excuse This element is dealt with in the [statute], s 5(2) and (3).

Answer

CDA 1971

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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Question

Without Lawful Excuse This element is dealt with in the [statute].

Answer

CDA 1971, s 5(2) and (3)

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Without Lawful Excuse This element is dealt with in the CDA 1971, s 5(2) and (3).

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Question

The CDA 1971, s [...] operates where the defendant believes that the owner would have consented to the damage.

Answer

5(2)(a)

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The CDA 1971, s 5(2)(a) operates where the defendant believes that the owner would have consented to the damage.

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Question

The CDA 1971, s 5(2)(a) operates where [...].

Answer

the defendant believes that the owner would have consented to the damage

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The CDA 1971, s 5(2)(a) operates where the defendant believes that the owner would have consented to the damage.

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Question

R v Denton [1982] 1 All ER 65

Answer

FACTS: The owner of a factory in financial difficulties had apparently said to D: 'There is nothing like a good fire for improving the financial circumstances of a business'. D took this as an instruction to set fire to the factory, which he did. HELD: His conviction for arson was quashed, the Court of Appeal holding that he was entitled to the CDA 1971, s 5(2)(a) defence.

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R v Denton [1982] 1 All ER 65 FACTS: The owner of a factory in financial difficulties had apparently said to D: 'There is nothing like a good fire for improving the financial circumstances of a business'. D took th

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Question

There are four requirements for the s5(2)(b) defence.
(a) The defendant must act [...].
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.

Answer

to protect property

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There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of p

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Question

There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s[...] The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.

Answer

5(2)(b)(i)

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There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must [...] (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.

Answer

believe that the property was in immediate need of protection

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Question

There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s[...] The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be (objectively) capable of protecting the property.

Answer

5(2)(b)(ii)

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n>There are four requirements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) capable of protecting the property.</

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Question

There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must [...].
(d) The damage caused by the accused must be (objectively) capable of protecting the property.

Answer

believe that the means of protection adopted are reasonable

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ements for the s5(2)(b) defence. (a) The defendant must act to protect property. (b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) capable of protecting the property.<body><html>

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Question

There are four requirements for the s5(2)(b) defence.
(a) The defendant must act to protect property.
(b) s5(2(b)(i) The accused must believe that the property was in immediate need of protection (subjective test).
(c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable.
(d) The damage caused by the accused must be [...].

Answer

(objectively) capable of protecting the property

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ccused must believe that the property was in immediate need of protection (subjective test). (c) s5(2)(b)(ii) The accused must believe that the means of protection adopted are reasonable. (d) The damage caused by the accused must be (objectively) capable of protecting the property.<body><html>

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Question

In [Case] the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.

Answer

Blake v DPP

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Blake v DPP

Answer

the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.

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Question

In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s [...] because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect.

Answer

5(2)(b)

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In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect. </spa

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Question

In Blake v DPP (discussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that [...].

Answer

his actions were not capable of having this effect

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scussed above) the defendant put forward the additional argument that he was entitled to rely on the CDA 1971, s 5(2)(b) because he had acted to protect property in the Gulf States. Applying the objective test from Hunt, the court held that his actions were not capable of having this effect. <body><html>

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Question

R v Hill and Hall (1998) 89 Cr App R 74

Answer

The accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.

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The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the

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Question

The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s [...] and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.

Answer

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Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike,

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Question

The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s [...] that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.

Answer

5(2)(b)

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was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire

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Question

The objective test was confirmed again in R v Hill and Hall (1998) 89 Cr App R 74. In that case, the accused, a nuclear protestor, was arrested outside a nuclear submarine base. She was in possession of a hacksaw blade, which she intended to use to cut through the wire. She was charged under the CDA 1971, s 3 and unsuccessfully raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was [...].

Answer

far too remote from the eventual aim of protecting property to satisfy the test

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ly raised the defence under the CDA 1971, s 5(2)(b) that she was acting in order to persuade the Americans to leave the base, to reduce the threat of a nuclear strike, and thus protect her property. The court held that cutting the wire was far too remote from the eventual aim of protecting property to satisfy the test.<body><html>

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Question

The CDA 1971, s [...] provides:

'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another—

intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer

1(2)

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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

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Question

The CDA [year], s 1(2) provides:

'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another—

intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer

1971

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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage

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Question

The [statute] provides:

'A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

intending to destroy or damage any property or being reckless as whether any property would be destroyed or damaged; and
intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.'

Answer

CDA 1971, s 1(2)

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The CDA 1971, s 1(2) provides: 'A person who without lawful excuse destroys of damages any property, whether belonging to himself or another— intending to destroy or damage any prop

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Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of [case]

Answer

R v Sangha [1988] 2 All ER 385

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Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of R v Sangha [1988] 2 All ER 385

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Take care to note that, as a matter of actus reus, it is [...]. See the case of R v Sangha [1988] 2 All ER 385

Answer

irrelevant whether the life of another was actually endangered

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Take care to note that, as a matter of actus reus, it is irrelevant whether the life of another was actually endangered. See the case of R v Sangha [1988] 2 All ER 385

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Question

If the damage is caused by fire, the risk to life will always be from the damaged property

Answer

R v Steer

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If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in R v Steer: 'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsoni

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If the damage is caused by fire, the risk to life will always be from the damaged property. Lord Bridge of Harwich pointed out in [case]:

'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire which causes danger to life, it is the ensuing conflagration which occurs as the property which has been set on fire is damaged or destroyed. When [whether] the victim in the bedroom is overcome by the smoke or incinerated by the flames as the building burns, it would be absurd to say that this does not result from the damage to the building.'

Answer

R v Steer

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If the damage is caused by fire, the risk to life will always be from the damaged property. [who?] pointed out in R v Steer:

'It is not the match and the inflammable materials, the flaming firebrand or any other inflammatory agent which the arsonist uses to start the fire which causes danger to life, it is the ensuing conflagration which occurs as the property which has been set on fire is damaged or destroyed. When [whether] the victim in the bedroom is overcome by the smoke or incinerated by the flames as the building burns, it would be absurd to say that this does not result from the damage to the building.'

Answer

Lord Bridge of Harwich

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Question

An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': [case]

Answer

Fagan v MPC [1969] 1 QB 439.

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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Question

An assault is committed when the accused '[...], causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

Answer

intentionally, or recklessly

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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Question

An assault is committed when the accused 'intentionally, or recklessly, [...] to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

Answer

causes another person

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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Question

An assault is committed when the accused 'intentionally, or recklessly, causes another person to [...] immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

Answer

apprehend

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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Question

An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend [...]': Fagan v MPC [1969] 1 QB 439.

Answer

immediate and unlawful personal violence

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An assault is committed when the accused 'intentionally, or recklessly, causes another person to apprehend immediate and unlawful personal violence': Fagan v MPC [1969] 1 QB 439.

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Question

If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat.

Answer

Logdon v DPP [1976] Crim LR 121

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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Question

If the victim is caused to apprehend such a threat, it is irrelevant that [...]. Logdon v DPP [1976] Crim LR 121

Answer

the defendant does not in fact have the means to carry out that threat

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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Question

If the victim is [...], it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

Answer

caused to apprehend such a threat

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If the victim is caused to apprehend such a threat, it is irrelevant that the defendant does not in fact have the means to carry out that threat. Logdon v DPP [1976] Crim LR 121

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Question

Logdon v DPP [1976] Crim LR 121

Answer

FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: The defendant was found to have committed an assault against the victim.

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Logdon v DPP [1976] Crim LR 121 FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica a

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Question

Logdon v DPP [1976] Crim LR 121 FACTS: The defendant showed the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: [...].

Answer

The defendant was found to have committed an assault against the victim

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the victim a pistol in a drawer, saying that it was loaded and declaring that he would hold her hostage. The defendant alone knew that the gun was a replica and unloaded, but his actions and words caused the victim to believe otherwise. HELD: The defendant was found to have committed an assault against the victim.<body><html>

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Question

Tracing is [...]

Answer

a process by which property or assets substituted for it can be identified in the hands of recipients.

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Tracing is a process by which property or assets substituted for it can be identified in the hands of recipients.

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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in [case].

Answer

Boscawen v Bajwa [1995] 4 All ER 769

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es what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.<body><html>

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Answer

Millett LJ

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plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.<body><html>

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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff [...], identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.

Answer

traces what has happened to his property

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Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and justifies his claim that the money which they handled or received can properly be regarded as representing his property

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Question

Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, [...], and justifies his claim that the money which they handled or received can properly be regarded as representing his property. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.

Answer

identifies the persons who have handled it or received it

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Question

Tracing is neither a claim nor a remedy but a process. It is the process by which the plaintiff traces what has happened to his property, identifies the persons who have handled it or received it, and [...]. Per Millett LJ in Boscawen v Bajwa [1995] 4 All ER 769.

Answer

justifies his claim that the money which they handled or received can properly be regarded as representing his property

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Question

Following is [...].

Answer

the process of identifying the same asset as it moves from person to person

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Following is the process of identifying the same asset as it moves from person to person.

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Question

Tracing is [...].

Answer

the process of identifying a new asset as the substitute for the original

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Tracing is the process of identifying a new asset as the substitute for the original.

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Question

Taylor v Plumer (1815) 3 M. & S. 562

Answer

A client gave money to his stockbroker, Walsh, to invest. Walsh purchased bullion and investments with the money and was caught making off to America with them. It was held that the client could claim the bullion and investments. On Walsh’s bankruptcy, his assignees in bankruptcy sought to recover them from the defendant client. They failed.

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In Taylor v Plumer (1815) 3 M. & S. 562, a client gave money to his stockbroker, Walsh, to invest. Walsh purchased bullion and investments with the money and was caught making off to America with them. It was held that the cl

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Question

The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in [case]:

Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer

Agip (Africa) Ltd v Jackson [1990] Ch 265

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d>The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as

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Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer

Millett J

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l>The most usual remedy at common law is a personal claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common la

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Tracing at common law ... serves an [...] purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer

evidential

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pient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his

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Question

Tracing at [...] ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer

common law

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al claim against the recipient for the value of the property they have received. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s mone

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Question

Tracing at common law ... serves an evidential purpose. The cause of action is for [...]. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’s money he is shown to have received.

Answer

money had and received

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eceived. In the case of money, the action will be for money had and received. According to Millett J in Agip (Africa) Ltd v Jackson [1990] Ch 265: Tracing at common law ... serves an evidential purpose. The cause of action is for money had and received. Tracing at common law enables the defendant to be identified as the recipient of the plaintiff’s money and the measure of his liability to be determined by the amount of the plaintiff’

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it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee ([case]) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.

Answer

Young v Murphy [1996] 1 Victoria Rep 279

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it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust se

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it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust ([case]) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.

Answer

Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032

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head>it may well be new trustees seeking to recover the trust property wrongfully given away by the old trustee (Young v Murphy [1996] 1 Victoria Rep 279) or a wrongdoing trustee trying to restore property to the trust (Montrose Investments Ltd v Oriin Nominees Ltd [2002] EWCA Civ 1032) or it could be a beneficiary under the trust seeking to recover the property to be held as part of the trust fund or for himself if absolutely entitled on termination of the trust.</

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Question

Where the claimant’s money is used to discharge a secured debt, the claimant is allowed to [...]

Answer

‘stand in the shoes’ of the creditor, and gain the benefit of the creditor’s charge

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Where the claimant’s money is used to discharge a secured debt, the claimant is allowed to ‘stand in the shoes’ of the creditor, and gain the benefit of the creditor’s charge

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Question

Under The Limitation Act [year], a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

1980

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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine

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Question

Under The [statute] 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

Limitation Act

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Under The [statute], a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

Limitation Act 1980

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Question

Under The Limitation Act 1980, a [...] claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

personal

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Question

Under The Limitation Act 1980, a personal claim must be brought within [...]. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

six years

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Question

Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a [...] within Limitation Act 1980, s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

proprietary remedy against a trustee

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Question

Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within [statute], s 21(1), although the equitable doctrine of laches may apply in a rare case.

Answer

Limitation Act 1980

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Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within Limitation Act 1980, s [...], although the equitable doctrine of laches may apply in a rare case.

Answer

21(1)

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Question

Under The Limitation Act 1980, a personal claim must be brought within six years. This does not apply to a proprietary remedy against a trustee within [statute], although the equitable doctrine of laches may apply in a rare case.

Answer

Limitation Act 1980, s 21(1)

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Question

Property can be traced at common law as long as [...].

Answer

the means of identifying it still exist

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Property can be traced at common law as long as the means of identifying it still exist.

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Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided [...]. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.

Answer

the property or its product has at all times remained identifiable

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but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v

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Question

Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: [case], or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.

Answer

Taylor v Plumer (1819) 3 M&S 562

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ething else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.<body><html>

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Question

Property can be traced at common law as long as the means of identifying it still exist. This is straightforward where the property being traced is the original asset, but becomes difficult where the property has changed form, e.g. by being substituted or exchanged for other property or mixed with something else. It is no objection if the original property has been substituted for other property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: [case].

Answer

Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321

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er property provided the property or its product has at all times remained identifiable. For example, where money was used to buy investments and bullion: Taylor v Plumer (1819) 3 M&S 562, or has been paid into a separate bank account: Banque Belge pour L’Etranger v Hambrouck [1921] 1 KB 321.<body><html>

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Question

In the case of money, unless the actual coins or notes can be identified, the claimant must use the action for money had and received.

Answer

Lipkin Gorman v Karpnale Ltd [1991] 2 AC 548

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In the case of money, unless the actual coins or notes can be identified, the claimant must use the action for money had and received. Here the tracing process is used to identify the defendant as having received the claimant’s money. The claimant then seeks to recover an equivalent sum via a personal claim.</s

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Question

Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663

Answer

the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred.

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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663, the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spen

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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In [case], the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular emphasised that the defence was not restricted to cases of disenrichment, although it has not been applied outside this context yet.

Answer

Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663

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Subsequent case law has attempted to expand on this definition of a qualifying change of position in reliance. In Commerzbank AG v Gareth Price-Jones [2003] EWCA Civ 1663, the defendant banker attempted to use change of position as a defence to an action by his employer bank for return of a bonus they had paid twice by mistake. The defendant had not spent the additional bonus yet, and so could not be said to have been ‘disenriched’ as required by Lord Goff, but argued that he had believed the second payment was intended to increase his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything [...] on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular emphasised that the defence was not restricted to cases of disenrichment, although it has not been applied outside this context yet.

Answer

sufficiently significant or substantial in reliance

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se his entitlement in recognition of his services, and that this had induced him not to seek higher remuneration elsewhere. The Court of Appeal did not accept that this was a relevant change of position, as the defendant had not done anything sufficiently significant or substantial in reliance on the receipt. However, the court kept open the possibility that a relevant change of position could arise even where, as here, no expenditure had been incurred. Munby J in particular e

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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in [case] held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.

Answer

Re Diplock

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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.</

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The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between [...] or between himself and a person who transferred the property to the defendant.

Answer

himself and the defendant

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himself and a person who transferred the property to the defendant

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>The fiduciary relationship need not be between the claimant and the defendant. The Court of Appeal in Re Diplock held that the claimant must show that there is a fiduciary relationship between himself and the defendant or between himself and a person who transferred the property to the defendant.<body><html>

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Question

Property can only be traced if it is [...]. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced.

Answer

identifiable

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced.

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account ([case]) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.

Answer

Bishopsgate Investment Management v Homan [1995] Ch 211

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in [case]) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.

Answer

Re Diplock

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od, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises i

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into [...] (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.

Answer

an overdrawn bank account

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Property can only be traced if it is identifiable. If it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent [...] (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.

Answer

paying off other unsecured debts

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it has been dissipated, e.g. spent on food, drink or a holiday, it will no longer be identifiable and cannot be traced. Similarly money paid into an overdrawn bank account (Bishopsgate Investment Management v Homan [1995] Ch 211) or spent paying off other unsecured debts (as in Re Diplock) cannot be traced. Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no tr

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Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: [case].

Answer

Re BA Peters plc [2008] EWCA Civ 1604

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body>Indeed, if S tries to create a trust of his money by sending his cheque to T Ltd expressly so that the money will be held on trust for him, no trust ever arises if the money was lost by payment into an overdrawn bank account: Re BA Peters plc [2008] EWCA Civ 1604.<body><html>

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If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can [...].

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.

Answer

trace into and claim the proceeds of sale

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If trust property has been kept separate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the clai

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If trust property has been kept separate, it can [...].

If it has been sold, the beneficiaries can trace into and claim the proceeds of sale.

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.

Answer

be reclaimed

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies

Answer

Re Hallett’s Estate (1880) 13 Ch D 696

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If trust property has been kept separate, it can be reclaimed.

If it has been sold, the beneficiaries can trace into and claim the proceeds of sale.

If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In [case], it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.

Answer

Re Hallett’s Estate (1880) 13 Ch D 696

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rate, it can be reclaimed. If it has been sold, the beneficiaries can trace into and claim the proceeds of sale. If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appr

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect [...]. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.

Answer

either to take the property or to have a charge over the property for the amount of his money expended in its purchase

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to [...], but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.

Answer

take the property

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3 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.<body><html>

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If the wrongdoer has used trust funds to purchase other property, the claimant has a choice of remedies. In Re Hallett’s Estate (1880) 13 Ch D 696, it was held that the claimant may elect either to take the property or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to [...].

Answer

have a charge over the property and sue the defendant for the balance

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perty or to have a charge over the property for the amount of his money expended in its purchase. If the property has appreciated, the claimant would be best advised to take the property, but if it has depreciated, he would be best advised to have a charge over the property and sue the defendant for the balance.<body><html>

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Question

Where the trustee has mixed the funds of two or more trusts, the two trusts must share the funds rateably

Answer

Re Diplock

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds [...]

Answer

rateably

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must [...]

Answer

share the funds rateably

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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Where the trustee has [...], according to Re Diplock, the two trusts must share the funds rateably

Answer

mixed the funds of two or more trusts

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Where the trustee has mixed the funds of two or more trusts, according to Re Diplock, the two trusts must share the funds rateably

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The same rule that funds must be shared rateably applies where the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - [case]. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the property will be owned three quarters by the Trust A and one quarter by the son. If the property goes down in value, Trust A will not be able to claim an equitable charge for £6,000, as that would prejudice the son’s claim.

Answer

Re Diplock

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the funds of an innocent volunteer (sometimes referred to as an innocent contributor in such circumstances) have been mixed with funds belonging to a trust. This is whether the mixing was done by the trustee or the other contributor himself - Re Diplock. So, for example, if the trustee wrongly gives £6,000 of Trust A’s money to his son, an innocent volunteer, and the son buys property with that £6,000 and £2,000 of his own money, the p

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Question

Where a secured debt is paid off with the use of misappropriated assets, subrogation allows the debt to be ‘revived’ in favour of the party whose money was used to pay off the original secured debt.

Answer

Boscawen v Bajwa [1995] 4 All ER 769

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However, this is a distinct type of subrogation specifically entitled reviving subrogation. Where a secured debt is paid off with the use of misappropriated assets, subrogation allows the debt to be ‘revived’ in favour of the party whose money was used to pay off the original secured debt.

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Boscawen v Bajwa [1995] 4 All ER 769

Answer

The simplified facts were that Mr Bajwa had entered into a contract to sell his house. The house was mortgaged to the Halifax Building Society. The contract, unknown to the parties, failed to comply with s2 Law of Property (Miscellaneous Provisions) Act 1989 and so was void. The purchaser sought a loan from Abbey National, which paid the loan money to the purchaser’s solicitors. As a result of a muddle between them and Mr Bajwa’s solicitors, this money was paid over to the Halifax Building Society before the transfer of title to the purchaser was completed. The Halifax used the money to discharge its mortgage. The transfer was not completed and the sale fell through. Abbey National sought to trace its money and have a charge over the property by way of subrogation to the Halifax Building Society; that is, Abbey National wished to step into the shoes of the Halifax and have a charge over Mr Bajwa’s house. The Court of Appeal allowed this, holding that the charge had not been redeemed for Mr Bajwa’s benefit. Thus where the claimant’s money has been used to pay off secured debts, he may be subrogated to the position of the creditor and be given a charge over the property. However, it is important to realise that the terms of the revived mortgage can be no more favourable to the claimant than the terms of the original mortgage were to the original lender.

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In Boscawen v Bajwa [1995] 4 All ER 769, the simplified facts were that Mr Bajwa had entered into a contract to sell his house. The house was mortgaged to the Halifax Building Society. The contract, unknown to the parties,

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Question

Where the claimant’s money is paid into the wrongdoer’s bank account and mixed with the wrongdoer’s money, the claimant has an equitable charge on the bank account for the amount of money paid in.

Answer

Re Hallett’s Estate.

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Where the claimant’s money is paid into the wrongdoer’s bank account and mixed with the wrongdoer’s money, the claimant has an equitable charge on the bank account for the amount of money paid in - Re Hallett’s Estate.

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Question

When payments are made out of a mixed bank account, the claimant’s equitable charge over the mixed fund attaches to assets purchased with such payments.

Answer

El Ajou Dollar Land Holdings plc [1993] 3 All ER 717 at 736

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When payments are made out of a mixed bank account, the claimant’s equitable charge over the mixed fund attaches to assets purchased with such payments: El Ajou Dollar Land Holdings plc [1993] 3 All ER 717 at 736.

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Where property bought with earlier payments out of the bank account has gone up in value, it would be to the claimant’s advantage to trace his money into this property rather than simply claiming his money in the account. The starting point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money

Answer

Foskett v McKeown [2001] 1 AC 102 at 131.

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to buy an asset, the beneficiary is entitled at his option either to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money: Lord Millett in Foskett v McKeown [2001] 1 AC 102 at 131.<body><html>

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Where property bought with earlier payments out of the bank account has gone up in value, it would be to the claimant’s advantage to trace his money into this property rather than simply claiming his money in the account. The starting point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either [...]: Lord Millett in Foskett v McKeown [2001] 1 AC 102 at 131.

Answer

to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money

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point is that where a trustee wrongfully uses trust money mixed with his own, whether in one bank account or using money from the trust account with money from his own account, to buy an asset, the beneficiary is entitled at his option either to claim a proportionate share of the asset or to enforce a lien upon it to secure a personal claim against the trustee for the amount of the misapplied money: Lord Millett in Foskett v McKeown [2001] 1 AC 102 at 131.<body><html>

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In [case] Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.

Answer

Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 [who?] considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.

Answer

Rimer LJ (as he then was)

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that [...] if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.

Answer

the beneficiary may be allowed to ‘cherry pick’

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n v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.<body><html>

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ [...]

Answer

if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.

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Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.<body><html>

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that [...]. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.

Answer

a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s

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In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the che

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In [case], the High Court, however, did not allow a beneficiary to choose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.

Answer

Turner v Jacob [2006] EWHC 1317

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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.

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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when [...].

Answer

there was still money in the trustee’s bank account to satisfy the beneficiary’s claim

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Turner v Jacob [2006] EWHC 1317

Answer

In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because £10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.

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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.
In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because [...]. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.

Answer

£10,399 was still available in the account

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, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because £10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim w

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In Turner v Jacob [2006] EWHC 1317, the High Court, however, did not allow a beneficiary to chose an earlier payment out when there was still money in the trustee’s bank account to satisfy the beneficiary’s claim.
In this case a husband gave £75,000 to his estranged wife to pay off the mortgage of a property on the basis that she would give the property to her daughter. She did not do this. The judge held that the £75,000 was held on trust for the daughter. The mother then dissipated all but £10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per [case]. The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what was in the bank account, to her daughter. The daughter sensibly wanted to trace her £10,399 into the second property, rather than have it treated as a debt due to her out of the residuary estate which she had, anyhow, inherited. She was not allowed to do so because £10,399 was still available in the account. Patten J had earlier rejected claims by the daughter to a common intention constructive trust interest or an equitable proprietary interest and was happy to dismiss her tracing claim without any detailed consideration of the issues.

Answer

Roscoe v Winder

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£10,339 of this money, but that amount was still held on trust for the daughter. The mother put more money into her account as an attempt to remedy the breach that had taken place, but that money could not replace the dissipated money as per Roscoe v Winder (see below). The mother then bought two properties with the money she had taken from the account, which went up in value. She died and left the residue of her estate, which included what

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The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in [case]. In Sutherland Brennan J. stated:

It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the class of person to whom it is owed.

Answer

Sutherland Shire Council v Heyman (1985) 60 ALR 1

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The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated: It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established cat

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The initial reservation with the Anns approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated:

It is preferable, in my view, that the law should develop novel categories of negligence [...] rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the class of person to whom it is owed.

Answer

incrementally and by analogy with established categories

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approach was voiced by the Australian judge Brennan J in Sutherland Shire Council v Heyman (1985) 60 ALR 1. In Sutherland Brennan J. stated: It is preferable, in my view, that the law should develop novel categories of negligence incrementally and by analogy with established categories rather than by a massive extension of a prima facie duty of care restrained only by indefinable considerations which ought to negative or reduce or limit the scope of the duty or the cla

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The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant [...]?
2. Was there a relationship of sufficient proximity between the claimant and the defendant?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?

Answer

reasonably foreseeable

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s which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant reasonably foreseeable? 2. Was there a relationship of sufficient proximity between the claimant and the defendant? 3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the s

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The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a [...]?
3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?

Answer

relationship of sufficient proximity between the claimant and the defendant

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are in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant reasonably foreseeable? 2. Was there a relationship of sufficient proximity between the claimant and the defendant? 3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?<body><html>

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The present situation would appear to be as follows. Firstly, the judge should consider whether there are any existing authorities which have already established a duty of care in the situation being considered. If no such precedent exists, the judge should only impose a duty of care if the following three-stage test is satisfied:
1. Was the damage to the claimant reasonably foreseeable?
2. Was there a relationship of sufficient proximity between the claimant and the defendant?
3. Is it [...] in the situation?

Answer

‘fair, just and reasonable’ for the law to impose a duty of care

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mpose a duty of care if the following three-stage test is satisfied: 1. Was the damage to the claimant reasonably foreseeable? 2. Was there a relationship of sufficient proximity between the claimant and the defendant? 3. Is it ‘fair, just and reasonable’ for the law to impose a duty of care in the situation?<body><html>

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Likewise, in [case], the Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professional code of conduct. Again, the incremental approach was adopted.

Answer

Law Society v KPMG Peat Marwick [2000] 4 All ER 541

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Likewise, in Law Society v KPMG Peat Marwick [2000] 4 All ER 541, the Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professiona

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Court of Appeal stated that a firm of auditors did owe a duty of care to the Law Society in preparing accurate reports for a solicitors practice as required under the professional code of conduct.

Answer

Law Society v KPMG Peat Marwick [2000] 4 All ER 541

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The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf

Answer

Jones v Kaney [2011] UKSC 13.

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The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.

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The Supreme Court has also ended the immunity of [...] paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.

Answer

expert witnesses in court

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The Supreme Court has also ended the immunity of expert witnesses in court paid for by a client to give evidence on their behalf: Jones v Kaney [2011] UKSC 13.

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Hill v Chief Constable of West Yorkshire [1989] AC 53

Answer

the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.

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In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and r

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In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was [...]. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.

Answer

insufficient proximity between any woman, as a potential victim of a crime, and the police

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he ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of

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In Hill v Chief Constable of West Yorkshire [1989] AC 53, the mother of the last victim of Peter Sutcliffe, the ‘Yorkshire Ripper’, sued the police for negligently failing to apprehend Sutcliffe earlier. He had been questioned by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, [...] and may result in both a waste of resources and inefficient use of police manpower.

Answer

the threat of liability in such cases would lead to the police adopting defensive practices

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by police and released and had subsequently murdered again. The House of Lords refused to impose a duty of care as there was insufficient proximity between any woman, as a potential victim of a crime, and the police. Also, on policy grounds, the threat of liability in such cases would lead to the police adopting defensive practices and may result in both a waste of resources and inefficient use of police manpower.<body><html>

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The approach taken in Hill was confirmed by the House of Lords in an appeal concerning the friend of the murdered Stephen Lawrence, who was with Lawrence at the time of the attack, and who suffered post-traumatic stress as a result of his treatment by the police ([case]).

Answer

Duwayne Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24

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Hill was confirmed by the House of Lords in an appeal concerning the friend of the murdered Stephen Lawrence, who was with Lawrence at the time of the attack, and who suffered post-traumatic stress as a result of his treatment by the police (Duwayne Brooks v Commissioner of Police for the Metropolis [2005] UKHL 24 in Horsey and Rackley).<body><html>

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In [case] the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to the alarm’s message.

Answer

Alexandrou v Oxford [1993] 4 All ER 328

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In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to

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The plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him no duty of care either to check his property or respond to the alarm’s message.

Answer

Alexandrou v Oxford [1993] 4 All ER 328

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In Alexandrou v Oxford [1993] 4 All ER 328 the plaintiff’s action failed against his local police after they had ignored a message from his burglar alarm. They owed him [...].

Answer

no duty of care either to check his property or respond to the alarm’s message

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However, in [case], the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.

Answer

Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999

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However, in Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999, the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect

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Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999

Answer

The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.

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However, in Swinney v Chief Constable of Northumbria (No. 2), The Times, 25 May 1999, the Court of Appeal made it clear that the police did not have ‘blanket immunity’. The claimant was a pub landlady who had provided the police with information concerning a suspect involved in the death of a police officer. She had made it an absolute condition that she remained anonymous. Nevertheless, a police file containing her details was left unattended in a police car and was stolen. On being told this she suffered psychiatric illness and had to give up her job. As in previous cases, the police argued that there was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; [why?]. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. However, judgment was nevertheless granted in favour of the defendant on the basis that there had been no breach of the duty. The police owed a duty but, on the facts of the case, this duty had not actually been breached.

Answer

they had a special relationship with the police, which created sufficient proximity

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was no relationship of proximity between them and the claimant and, even if there were, policy reasons would prevent such a duty existing. The Court of Appeal disagreed. Informers should not be considered like other members of the public; they had a special relationship with the police, which created sufficient proximity. Policy was considered but, in this case, acted in the claimant’s favour, in that to deny that the police owe a duty might be to hinder the disclosure of confidential information. How

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in [case] the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide

Answer

Reeves v Metropolitan Police Commissioner [2000] 1 AC 360

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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was

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Reeves v Metropolitan Police Commissioner [2000] 1 AC 360

Answer

The police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide

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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had [...] and it was well documented as to the likelihood of some prisoners committing suicide

Answer

a high degree of control over the victim

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in Reeves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was [...]

Answer

well documented as to the likelihood of some prisoners committing suicide

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eves v Metropolitan Police Commissioner [2000] 1 AC 360 the police were found to hold a duty of care to a mentally ill prisoner who committed suicide whilst in custody. Here the police had a high degree of control over the victim and it was well documented as to the likelihood of some prisoners committing suicide<body><html>

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in [case] the police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory purpose of protecting vulnerable young people.

Answer

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3

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in Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3 the police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory pu

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Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3

Answer

The police did not owe a duty of care to the claimant when they denied his CRB check thus impeding his employment as a teacher. Such a duty would have conflicted with the statutory purpose of protecting vulnerable young people.

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In [case], the claimant suffered psychiatric injury having been raped by a fellow police officer and ostracised and bullied by her colleagues. She claimed that the police authorities had failed to deal with her complaint properly and had allowed other officers to victimise her.

The House of Lords held that in deciding if immunity existed, consideration had to be given to the primary role of the police (namely, to deter crime) and to the wider public interest issue of ensuring the police service is run both efficiently and as a responsible employer. In this case, the scales fell in favour of the claimant (note that, technically, this was an employers’ liability claim).

Answer

Waters v Commissioner of Police of the Metropolis, The Times, 1 August 2000

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In Waters v Commissioner of Police of the Metropolis, The Times, 1 August 2000, the claimant suffered psychiatric injury having been raped by a fellow police officer and ostracised and bullied by her colleagues. She claimed that the police authorities had failed t

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Question

The principal authority with regards to the ambulance service is [case].

Answer

Kent v Griffiths & Others [2000] 2 All ER 474

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The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474.

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Kent v Griffiths & Others [2000] 2 All ER 474

Answer

Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.

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The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general a

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The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that [...]. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.

Answer

the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties

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74. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before atten

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Question

The principal authority with regards to the ambulance service is Kent v Griffiths & Others [2000] 2 All ER 474. Here, the ambulance service was regarded as part of the health service and not a rescue service and so the policy arguments applicable to the police and fire brigade had no general application. The judgment of the court in Kent was that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where [...].

Answer

the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources

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s that the acceptance of a 999 call by the ambulance service established a duty of care. The acceptance of the call established proximity between the parties. There might, however, be situations where a duty of care could be excluded where the service had properly exercised its discretion to deal with a more pressing emergency before attending to the claimant or where it had made a choice about the allocation of resources.<body><html>

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Question

Stovin v Wise [1996] AC 923

Answer

A driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed the view. The local authority became a joint defendant in that it was claimed that they were responsible for failing to clear the highway of an obstruction they were aware of and which had previously caused accidents. The House of Lords compared the situation between a statutory power and that of a duty

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consider the case of Stovin v Wise [1996] AC 923 in which a driver in a road traffic accident had injured the plaintiff. The first defendant had been unable to see the plaintiff because of an over hanging bank of earth which obstructed

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X v Bedfordshire County Council [1995] 3 All ER 353

Answer

The case itself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that a duty of care may exist. Here the advice given was made directly to the parents who relied on it.

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One of the most significant cases in this area, X v Bedfordshire County Council [1995] 3 All ER 353 provides an example of how difficult it can be to determine this issue. The case itself concerned five separate claims against a local authority for negligence; two cases concerned chi

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One of the most significant cases in this area, X v Bedfordshire County Council [1995] 3 All ER 353 provides an example of how difficult it can be to determine this issue. The case itself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as [...]. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that a duty of care may exist. Here the advice given was made directly to the parents who relied on it.

Answer

it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow

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tself concerned five separate claims against a local authority for negligence; two cases concerned child abuse, the other three concerned educational provisions for special needs pupils. The House of Lords rejected the child abuse claims as it would not be just and reasonable to impose such a duty in an area where a degree of discretion is required and where there are differing opinions on the practice to follow. There were also alternative means by which such persons may bring a claim, eg judicial review actions. In the education cases, the Lords were of the opinion that it was arguable that

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Question

A duty if care was owed in [case] (also concerning dyslexia, but here the local authority were accused of negligence in the provision of educational services).

Answer

Jarvis v Hampshire County Council [1999] Ed CR 785

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A duty if care was owed in Jarvis v Hampshire County Council [1999] Ed CR 785 (also concerning dyslexia, but here the local authority were accused of negligence in the provision of educational services).

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Thus, in the important House of Lords decision in [case], the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since it was considered that such a duty would naturally conflict with the duty owed to the child.

Answer

JD v East Berkshire Community Health NHS Trust [2005] UKHL 23

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Thus, in the important House of Lords decision in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since it was cons

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Thus, in the important House of Lords decision in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since [...].

Answer

it was considered that such a duty would naturally conflict with the duty owed to the child

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on in JD v East Berkshire Community Health NHS Trust [2005] UKHL 23, the doctors and social workers investigating suspected child abuse owed a duty of care to the child. A duty was not, however, owed to the parents suspected of abuse since it was considered that such a duty would naturally conflict with the duty owed to the child. <body><html>

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Question

In the recent case of [case], the House of Lords confirmed that the courts will be reluctant to create new common law duties utilising broad statutory powers

Answer

Gorringe v Calderdale Metropolitan Borough Council [2004] 2 All ER 362

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In the recent case of Gorringe v Calderdale Metropolitan Borough Council [2004] 2 All ER 362, the House of Lords confirmed that the courts will be reluctant to create new common law duties utilising broad statutory powers

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The general approach of the courts appears to be that if an authority has acted within the powers granted to it by statute and on the basis of a discretionary decision properly made, there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see [case].

Answer

X v Hounslow LBC [2009] EWCA Civ 286

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discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see X v Hounslow LBC [2009] EWCA Civ 286.<body><html>

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The general approach of the courts appears to be that if an authority has acted [...], there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a recent example of where no duty was imposed on a local authority, held to be acting in accordance with its statutory duties, see X v Hounslow LBC [2009] EWCA Civ 286.

Answer

within the powers granted to it by statute and on the basis of a discretionary decision properly made

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The general approach of the courts appears to be that if an authority has acted within the powers granted to it by statute and on the basis of a discretionary decision properly made, there will be no liability. Whether the authority has exercised its discretion properly can only be answered once the facts of the case have been fully considered in court. For a rec

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With regards to the armed forces see [case] in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.

Answer

Mulcahy v Ministry of Defence [1996] QB 732

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With regards to the armed forces see Mulcahy v Ministry of Defence [1996] QB 732 in which the Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeabil

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Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions.

Answer

Mulcahy v Ministry of Defence [1996] QB 732

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Mulcahy v Ministry of Defence [1996] QB 732

Answer

Court of Appeal held that there was no duty of care between fellow soldiers engaged in battle conditions. In applying the Caparo test, the court held there was foreseeability and proximity but that it would not be just and reasonable to impose a duty in the circumstances. To decide otherwise may result in military operations being adversely affected if soldiers in battle felt that could be sued by a comrade for their negligent actions.

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In [case], the Supreme Court held that the doctrine of combat immunity should be narrowly construed.

Answer

Smith v Ministry of Defence [2013] UKSC 41

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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed.

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The doctrine of combat immunity should be narrowly construed.

Answer

Smith v Ministry of Defence [2013] UKSC 41

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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed.

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Smith v Ministry of Defence [2013] UKSC 41

Answer

The victims were servicemen killed and injured in friendly fire who contended that the Ministry of Defence had breached a duty of care to provide equipment that would have prevented the incident. Combat immunity has not previously been extended as far as these decisions that were taken long before the incident, so the claim was not struck out.

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In Smith v Ministry of Defence [2013] UKSC 41, the Supreme Court held that the doctrine of combat immunity should be narrowly construed. The victims were servicemen killed and injured in friendly fire who contended that the Ministr

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where the defendant has [...], the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.

Answer

a high degree of control over the claimant

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where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself.

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where the defendant has a high degree of control over the claimant, the law may [...]; even to the point of preventing the defendant from physically harming himself or herself.

Answer

impose a positive duty on the defendant to act

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Question

where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even [...].

Answer

to the point of preventing the defendant from physically harming himself or herself

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where the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself. This can be clearly seen in [case], a case we have already considered under Special Duties - The Police . Here, the Court of Appeal held that a duty did exist on the police to protect a prisoner’s health including the possibility that they may attempt suicide.

Answer

Reeves v Commissioner of Police for the Metropolis [1999] 3 All ER 897

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the defendant has a high degree of control over the claimant, the law may impose a positive duty on the defendant to act; even to the point of preventing the defendant from physically harming himself or herself. This can be clearly seen in Reeves v Commissioner of Police for the Metropolis [1999] 3 All ER 897, a case we have already considered under Special Duties - The Police . Here, the Court of Appeal held that a duty did exist on the police to protect a prisoner’s health including the

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Question

If a person [...], the courts may impose a special duty of care. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.

Answer

voluntarily assumes responsibility for another

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If a person voluntarily assumes responsibility for another, the courts may impose a special duty of care. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.

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Question

If a person voluntarily assumes responsibility for another, the courts may [...]. This could arise, for example, because of the nature of a person’s employment or because of a previous relationship.

Answer

impose a special duty of care

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Question

Barrett v MOD [1995]

Answer

Although the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.

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Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once

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Likewise, in [case] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.

Answer

Barrett v MOD [1995]

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Question

Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once [...], e.g. to summon appropriate medical assistance.

Answer

an officer had taken action to care for him

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head>Likewise, in Barrett v MOD [1995] (mentioned at 3.4.4), though the defendants were not liable for their employee, a naval pilot, getting drunk and choking to death on his own vomit, they did assume responsibility once an officer had taken action to care for him, e.g. to summon appropriate medical assistance.<html>

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Question

Palmer v Tees Health Authority

Answer

the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.

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In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adeq

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Question

In [case], the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.

Answer

Palmer v Tees Health Authority

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Question

In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that [...]. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.

Answer

there was not sufficient proximity between the parties for a duty to exist

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ing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.<body><html>

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Question

In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not [...] and there was nothing that the defendants could have reasonably done to prevent the incident occurring.

Answer

an identifiable potential victim

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had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.<body><html>

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Question

In Palmer v Tees Health Authority, the claimant argued that a local Mental Health Authority owed her a duty (and had, subsequently, breached this duty) in allowing a psychiatric patient into the community without adequate supervision. The patient had previously threatened to kill a child and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and [...].

Answer

there was nothing that the defendants could have reasonably done to prevent the incident occurring

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ild and subsequently attacked and killed the claimant’s daughter. The Court of Appeal, following Hill, stated that there was not sufficient proximity between the parties for a duty to exist. She was not an identifiable potential victim and there was nothing that the defendants could have reasonably done to prevent the incident occurring.<body><html>

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Question

The phrase ‘nervous shock’ is a commonly used label to describe cases where [...].

Answer

the claimant has suffered some form of psychiatric illness or damage as a result of the perception of traumatic events

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The phrase ‘nervous shock’ is a commonly used label to describe cases where the claimant has suffered some form of psychiatric illness or damage as a result of the perception of traumatic events.

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Question

a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee [...]. As we have already seen it is not a proprietary interest and thus cannot bind third party successors in title to the land over which it is exercised.

Answer

mere personal permission to be there, which prevents them being a trespasser

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a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus cannot bind third party successors in title to the land over which it is exercised.

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Question

a licence does not give the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus [...].

Answer

cannot bind third party successors in title to the land over which it is exercised

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ve the licensee an interest in the land over which the licence is exercised. It gives the licensee mere personal permission to be there, which prevents them being a trespasser. As we have already seen it is not a proprietary interest and thus cannot bind third party successors in title to the land over which it is exercised.<body><html>

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Question

A rentcharge is [...].

Answer

the right to a periodic payment of money charged on, and paid out of, freehold land

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A rentcharge is the right to a periodic payment of money charged on, and paid out of, freehold land.

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Question

The estate rentcharge is [...]

Answer

a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc.

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The estate rentcharge is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc.

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Question

The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s [...] and can be useful in securing service payments on the sale of a freehold.

Answer

2(3)

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The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.<html>

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Question

The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act [year], s 2(3) and can be useful in securing service payments on the sale of a freehold.

Answer

1977

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><head>The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the Rentcharges Act 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.<html>

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Question

The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute] 1977, s 2(3) and can be useful in securing service payments on the sale of a freehold.

Answer

Rentcharges Act

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Question

The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute], s 2(3) and can be useful in securing service payments on the sale of a freehold.

Answer

Rentcharges Act 1977

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Question

The estate rentcharge which is a rentcharge created for securing the cost of the performance of covenants for the provision of services, maintenance repairs, insurance etc. These are allowed under the [statute] and can be useful in securing service payments on the sale of a freehold.

Answer

Rentcharges Act 1977, s 2(3)

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Question

A mortgage is [...].

Answer

a right granted over land by a borrower to a lender as security for the payment of a debt

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A mortgage is a right granted over land by a borrower to a lender as security for the payment of a debt.

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Question

should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless [...] (LPA 1925, s 62(4)).

Answer

a contrary intention is expressed

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y their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (LPA 1925, s 62(4)).<body><html>

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Question

should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will [...], unless a contrary intention is expressed (LPA 1925, s 62(4)).

Answer

imply that the transfer of the estate includes all interests appertaining to that land

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should the owner of the interest convey their estate (the land that benefits from the interest) and fail to mention the interest in the transfer deed, LPA 1925, s 62 will imply that the transfer of the estate includes all interests appertaining to that land, unless a contrary intention is expressed (LPA 1925, s 62(4)).

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Question

'All other estates, interests, and charges in or over land take effect as equitable interests.' (s[...] Law of Property Act 1925)

Answer

1(3)

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'All other estates, interests, and charges in or over land take effect as equitable interests.' (s1(3) Law of Property Act 1925)

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Question

'All other estates, interests, and charges in or over land take effect as equitable interests.' ([statute])

Answer

s1(3) Law of Property Act 1925

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'All other estates, interests, and charges in or over land take effect as equitable interests.' (s1(3) Law of Property Act 1925)

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Question

'All other estates, interests, and charges in or over land take effect as [...].' (s1(3) Law of Property Act 1925)

Answer

equitable interests

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'All other estates, interests, and charges in or over land take effect as equitable interests.' (s1(3) Law of Property Act 1925)

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s [...]. A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.

Answer

1(6)

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d the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – [statute]. A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.

Answer

LPA 1925, s 1(6)

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a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, [...] – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.

Answer

that individual cannot legally own/hold the estate

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d><head>However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The la

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby [...]. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.

Answer

legal title will be held by the trustee(s) and the equitable title will be held by the minor

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l and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writin

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that [...] in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.

Answer

an express declaration of trust in relation to land must be evidenced in signed writing

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will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.<body><html>

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s [...]. Another example of where a trust will arise is where property is co-owned.

Answer

53(1)(b)

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ll be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.<body><html>

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Question

However, the concept of a trust, and the need to recognise a division of ownership between legal and equitable title, will arise in numerous situations. For example, where land is gifted to a minor, that individual cannot legally own/hold the estate – LPA 1925, s 1(6). A trust will therefore necessarily be created whereby legal title will be held by the trustee(s) and the equitable title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with [statute]. Another example of where a trust will arise is where property is co-owned.

Answer

LPA 1925, s 53(1)(b)

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ble title will be held by the minor. The latter will retain an equitable/beneficial interest under that trust. Note that an express declaration of trust in relation to land must be evidenced in signed writing in accordance with LPA 1925, s 53(1)(b). Another example of where a trust will arise is where property is co-owned.<body><html>

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Question

The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because [...]. This, together with the maxim that ‘Equity sees that as done what ought to be done’, results in an equitable interest arising from the contract.

Answer

each piece of land is regarded as unique

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html>The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, together with the maxim that ‘Equity sees that as done what ought to be done’, results in an equitable interest arising from the contract.<html>

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Question

The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order [...] of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, together with the maxim that ‘Equity sees that as done what ought to be done’, results in an equitable interest arising from the contract.

Answer

specific performance

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The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, together with the maxim that ‘Equity sees that as done what ought to be done

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Question

The estate contract is a contractual right to a legal estate, whether freehold or leasehold. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, together with the maxim that ‘Equity sees that as done what ought to be done’, results in [...].

Answer

an equitable interest arising from the contract

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ld. Equity will order specific performance of a contract to create or transfer a legal estate, because each piece of land is regarded as unique. This, together with the maxim that ‘Equity sees that as done what ought to be done’, results in an equitable interest arising from the contract.<body><html>

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Question

This right [estate contract] was recently described by Lord Collins as “no more than personal” in [case] by which he meant that it did not give the estate contract holder an interest in the estate, such that he could carve lesser interests out of it on behalf of third parties.

Answer

Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2015] 1 All ER 277 (at para 79)

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This right [estate contract] was recently described by Lord Collins as “no more than personal” in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2015] 1 All ER 277 (at para 79) by which he meant that it did not give the estate contract holder an interest in the estate, such that he could carve lesser interests out of it on behalf of third parties.

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Question

This right [estate contract] was recently described by Lord Collins as “no more than personal” in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, [2015] 1 All ER 277 (at para 79) by which he meant that it [...].

Answer

did not give the estate contract holder an interest in the estate, such that he could carve lesser interests out of it on behalf of third parties

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Question

When dealing with an estate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under [case], you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, s 2.

Answer

Walsh v Lonsdale

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When dealing with an estate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, s 2.

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Question

When dealing with an [...] which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, s 2.

Answer

estate contract or an improperly granted legal interest

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Question

When dealing with an estate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy [...], i.e. LP(MP)A 1989, s 2.

Answer

the additional formalities for a contract where the subject matter is land

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Question

When dealing with an estate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, [...].

Answer

s 2

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tate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, s 2.<body><html>

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Answer

LP(MP)A 1989, s 2

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ing with an estate contract or an improperly granted legal interest which takes effect in equity as a fictional contract under Walsh v Lonsdale, you must satisfy the additional formalities for a contract where the subject matter is land, i.e. LP(MP)A 1989, s 2.<body><html>

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Question

Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under LPA 1925, s [...].

Answer

53(1)(a)

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Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under LPA 1925, s 53(1)(a).

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Question

Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under [statute].

Answer

LPA 1925, s 53(1)(a)

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Question

Interests which [...] must satisfy the minimum requirement for creating an interest in land under LPA 1925, s 53(1)(a).

Answer

are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal

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Question

Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under LPA 1925, s 53(1)(a). This category includes [...], not equivalent to a freehold or leasehold term. An example of such an easement would be an easement for life.

Answer

all restrictive covenants and those easements which have an uncertain duration

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><head>Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under LPA 1925, s 53(1)(a). This category includes all restrictive covenants and those easements which have an uncertain duration, not equivalent to a freehold or leasehold term. An example of such an easement would be an easement for life.<html>

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Question

Interests which are not listed in LPA 1925, s 1(2) and are therefore not capable of being legal must satisfy the minimum requirement for creating an interest in land under LPA 1925, s 53(1)(a). This category includes all restrictive covenants and those easements which have an uncertain duration, not equivalent to a freehold or leasehold term. An example of such an easement would be [...].

Answer

an easement for life

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ing an interest in land under LPA 1925, s 53(1)(a). This category includes all restrictive covenants and those easements which have an uncertain duration, not equivalent to a freehold or leasehold term. An example of such an easement would be an easement for life.<body><html>

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Question

There is a separate requirement for the creation of equitable interests under express trusts of land under LPA 1925, s [...]

Answer

53(1)(b)

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There is a separate requirement for the creation of equitable interests under express trusts of land under LPA 1925, s 53(1)(b)

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Question

There is a separate requirement for the creation of equitable interests under express trusts of land under [statute]

Answer

LPA 1925, s 53(1)(b)

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There is a separate requirement for the creation of equitable interests under express trusts of land under LPA 1925, s 53(1)(b)

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Question

There is a separate requirement for the creation of [...] under LPA 1925, s 53(1)(b)

Answer

equitable interests under express trusts of land

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There is a separate requirement for the creation of equitable interests under express trusts of land under LPA 1925, s 53(1)(b)

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Question

There are some exceptions to the above requirements, notably the informal creation of resulting, implied or constructive trusts: LPA 1925, s [...].

Answer

53(2)

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There are some exceptions to the above requirements, notably the informal creation of resulting, implied or constructive trusts: LPA 1925, s 53(2).

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Question

There are some exceptions to the above requirements, notably the informal creation of resulting, implied or constructive trusts: [statute].

Answer

LPA 1925, s 53(2)

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There are some exceptions to the above requirements, notably the informal creation of resulting, implied or constructive trusts: LPA 1925, s 53(2).

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Question

There are some exceptions to the above requirements, notably the [...]: LPA 1925, s 53(2).

Answer

informal creation of resulting, implied or constructive trusts

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There are some exceptions to the above requirements, notably the informal creation of resulting, implied or constructive trusts: LPA 1925, s 53(2).

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Question

A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s [...].

Answer

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ead><head>A right of pre-emption is also an estate contract. Bircham & Co Nominees (No.2) Ltd v Worrell Holdings Ltd [2001] EWCA Civ 775 held that rights of pre-emption must comply with the LP(MP)A 1989, s 2.<html>

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Question

To be a valid assignment, the transfer must comply with the LPA 1925, s [...].

Answer

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To be a valid assignment, the transfer must comply with the LPA 1925, s 52.

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Question

To be a valid assignment, the transfer must comply with the [statute].

Answer

LPA 1925, s 52

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To be a valid assignment, the transfer must comply with the LPA 1925, s 52.

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Question

An improperly created legal easement may nevertheless take effect as [...] under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way, this ‘contract’ must satisfy the formalities in LP(MP)A 1989, s 2

Answer

an equitable easement

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An improperly created legal easement may nevertheless take effect as an equitable easement under the doctrine of Walsh v Lonsdale (1882) 21 Ch D 9 by being treated as a (fictional) contract to grant an easement. For it to take effect as a valid equitable easement in this way,

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Question

when a person becomes bankrupt, their assets vest in [...]. This person administers the bankrupt’s assets in order to pay off the bankrupt’s creditors.

Answer

the trustee in bankruptcy

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when a person becomes bankrupt, their assets vest in the trustee in bankruptcy. This person administers the bankrupt’s assets in order to pay off the bankrupt’s creditors.

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Question

when a person becomes bankrupt, their assets vest in the trustee in bankruptcy. This person administers the bankrupt’s assets in order to [...].

Answer

pay off the bankrupt’s creditors

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when a person becomes bankrupt, their assets vest in the trustee in bankruptcy. This person administers the bankrupt’s assets in order to pay off the bankrupt’s creditors.

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Question

It is the [...] who decide what is in the general interest of the trust. TLATA 1996 ss. 11 (2) and (3) set out the circumstances in which the rule does not apply

Answer

trustees

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It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply

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Question

It is the trustees who decide what is in the general interest of the trust. TLATA 1996 ss. [...] set out the circumstances in which the rule does not apply

Answer

11 (2) and (3)

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It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply

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Question

It is the trustees who decide what is in the general interest of the trust. [statute] set out the circumstances in which the rule does not apply

Answer

TLATA 1996 ss. 11 (2) and (3)

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It is the trustees who decide what is in the general interest of the trust. TLATA 1996 ss. 11 (2) and (3) set out the circumstances in which the rule does not apply

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made [...]; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

before 1 January 1997

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nterest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is [...], as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

excluded

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It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2)

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to [...] made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

a trust created or arising under a will

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trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s [...] to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

6(2)

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in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expr

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under [statute], s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

TLATA 1996

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circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under [statute] to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

TLATA 1996, s 6(2)

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who [...]; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

are of full age and absolutely entitled to the land

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it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless [...]. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

a deed is executed making provision for s 11(1) to apply

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s’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).<body><html>

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s [...]).

Answer

11(4)

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l age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).<body><html>

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable ([...], s 11(4)).

Answer

TLATA 1996

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who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).<body><html>

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable ([statute]).

Answer

TLATA 1996, s 11(4)

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to [...] (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

a trust created before 1 January 1997 by a disposition

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trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).<body><html>

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Question

It is the trustees who decide what is in the general interest of the trust. Sections 11 (2) and (3) set out the circumstances in which the rule does not apply namely: (i) if it is excluded, as it can be in the case of an express trust of land; (ii) to a trust created or arising under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before [...] by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).

Answer

1 January 1997

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g under a will made before 1 January 1997; (iii) to the trustees’ power under TLATA 1996, s 6(2) to insist upon transferring the land to the beneficiaries who are of full age and absolutely entitled to the land; (iv) to a trust created before 1 January 1997 by a disposition (ie expressly created), unless a deed is executed making provision for s 11(1) to apply. Such a deed would be irrevocable (TLATA 1996, s 11(4)).<body></ht

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Question

When such an application is made by a trustee in bankruptcy under TLATA 1996, s [...], the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

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When such an application is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regar

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Question

When such an application for sale is made by a trustee in bankruptcy under [statute], s 14, the factors listed in TLATA 1996, s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

TLATA 1996

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Question

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

Answer

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

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in [statute], s 15 do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

TLATA 1996

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in [statute] do not apply (s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

TLATA 1996, s 15

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply ([statute], s 15(4)). Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

TLATA 1996

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

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (TLATA 1996, s [...]. Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

15(4)

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply ([statute]. Instead, it is Insolvency Act 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

TLATA 1996, s 15(4)

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Question

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

Answer

335A

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (TLATA 1996, s 15(4)). Instead, it is Insolvency Act [year], s 335A which provides the list of relevant factors to which the court must have regard.

Answer

1986

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (TLATA 1996, s 15(4)). Instead, it is [statute] 1986, s 335A which provides the list of relevant factors to which the court must have regard.

Answer

Insolvency Act

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (TLATA 1996, s 15(4)). Instead, it is [statute], s 335A which provides the list of relevant factors to which the court must have regard.

Answer

Insolvency Act 1986

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Question

When such an application for sale is made by a trustee in bankruptcy under TLATA 1996, s 14, the factors listed in TLATA 1996, s 15 do not apply (TLATA 1996, s 15(4)). Instead, it is [statute] which provides the list of relevant factors to which the court must have regard.

Answer

Insolvency Act 1986, s 335A

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Question

There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss [...]).

Answer

40 and 39

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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Question

There can be no retirement if this will leave just one trustee (Trustee Act [year], ss 40 and 39).

Answer

1925

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There can be no retirement if this will leave just one trustee (Trustee Act 1925, ss 40 and 39).

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Question

TLATA s.[...] enables the trustees to deal with arguments which may arise between beneficiaries.

Answer

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries.

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Question

TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have [...], the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.

Answer

a right to occupy the trust land

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TLATA s.13 enables the trustees to deal with arguments which may arise between beneficiaries. Under this section, where two or more beneficiaries have a right to occupy the trust land, the trustees may exclude or restrict the entitlement of any, but not all, of them as long as they act reasonably in doing so.

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Question

Essentially, a co-owner may be ordered to pay occupation rent to the other co-owner who has been ousted from the property. Where the remaining co-owner [...], those payments may count as their occupation rent.

Answer

pays mortgage interest payments on behalf of the ousted co-owner

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Essentially, a co-owner may be ordered to pay occupation rent to the other co-owner who has been ousted from the property. Where the remaining co-owner pays mortgage interest payments on behalf of the ousted co-owner, those payments may count as their occupation rent.

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Question

Essentially, a co-owner may be ordered to pay occupation rent to the other co-owner who has been ousted from the property. Where the remaining co-owner pays mortgage interest payments on behalf of the ousted co-owner, those payments may [...].

Answer

count as their occupation rent

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

Essentially, a co-owner may be ordered to pay occupation rent to [...]. Where the remaining co-owner pays mortgage interest payments on behalf of the ousted co-owner, those payments may count as their occupation rent.

Answer

the other co-owner who has been ousted from the property

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

Essentially, a co-owner may be ordered to [...] to the other co-owner who has been ousted from the property. Where the remaining co-owner pays mortgage interest payments on behalf of the ousted co-owner, those payments may count as their occupation rent.

Answer

pay occupation rent

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

Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s [...]). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A

Answer

15(4)

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Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A

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Question

Section 15 does not apply to an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s [...]

Answer

335A

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ation brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A<body><html>

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Flashcard 1366834416908

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#co-ownership #land #law

Question

Answer

1986

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an application brought under s 14 by the trustee in bankruptcy of a person interested in co-owned land (TLATA 1996, s 15(4)). In such a case, the list of relevant factors to which the court must have regard are to be found in Insolvency Act 1986, s 335A<body><html>

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Flashcard 1366837038348

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#co-ownership #land #law

Question

any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s [...] and any other factors the court deems relevant.

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head><head>any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.<html>

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Flashcard 1366838611212

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#co-ownership #land #law

Question

any disputes where trustees cannot [...], or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.

Answer

unanimously agree to a sale

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any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court

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Flashcard 1366840184076

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#co-ownership #land #law

Question

any disputes where trustees cannot unanimously agree to a sale, or [...], are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.

Answer

a beneficiary wishes to force a sale against the wishes of the trustees

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Flashcard 1366841756940

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any other factors the court deems relevant

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head>any disputes where trustees cannot unanimously agree to a sale, or a beneficiary wishes to force a sale against the wishes of the trustees, are settled by the court using the criteria listed under TLATA 1996, s 15 and any other factors the court deems relevant.<html>

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Flashcard 1366844116236

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#land #law #proprietary-estoppel

Question

Lord Denning MR ([case]) put the matter thus:

Estoppel is not a rule of evidence. It is not a cause of action. It is a principle of justice and of equity. It comes to this: when a man, by his words or conduct, has led another to believe in a particular state of affairs, he will not be allowed to go back on it when it would be unjust or inequitable for him to do so.

Answer

Moorgate Mercantile Co Ltd v Twitchings [1976] QB 225 at 241

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Lord Denning MR (Moorgate Mercantile Co Ltd v Twitchings [1976] QB 225 at 241) put the matter thus: Estoppel is not a rule of evidence. It is not a cause of action. It is a principle of justice and of equity. It comes to this: when a man, by his word

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Flashcard 1366847261964

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In [case] The Court of Appeal effectively said a statement of intention to leave property to the claimant in a will is, by itself, insufficient. However, if the statement goes beyond that, perhaps because it is repeated over the course of time, in a way that is inconsistent with it being revocable, then it may amount to an assurance on which a claim can be made.

Answer

Gillett v Holt

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In Gillett v Holt The Court of Appeal effectively said a statement of intention to leave property to the claimant in a will is, by itself, insufficient. However, if the statement goes beyond that, perhaps

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Flashcard 1366849883404

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Question

In Gillett v Holt The Court of Appeal effectively said a statement of intention to leave property to the claimant in a will is, by itself, insufficient. However, if the statement goes beyond that, perhaps because [...], in a way that is inconsistent with it being revocable, then it may amount to an assurance on which a claim can be made.

Answer

it is repeated over the course of time

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head><head>In Gillett v Holt The Court of Appeal effectively said a statement of intention to leave property to the claimant in a will is, by itself, insufficient. However, if the statement goes beyond that, perhaps because it is repeated over the course of time, in a way that is inconsistent with it being revocable, then it may amount to an assurance on which a claim can be made.<html>

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Flashcard 1366851718412

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Question

In [case] a father had, during his lifetime, given assurances that his farmland and, by implication, a home would be left to his son. The son proved a disappointment to his father; he dropped out of agricultural college, moved back home and was dependent on his father, although he did do some work around the farm. In his will, the father left all of his estate to his daughter, with a power to transfer the farmland to the son if, in her absolute opinion, he showed himself capable of working on and managing the farmland. The son successfully claimed the farmland and a house by estoppel.

Answer

Suggitt v Suggitt [2012] EWCA Civ 1140

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In Suggitt v Suggitt [2012] EWCA Civ 1140 a father had, during his lifetime, given assurances that his farmland and, by implication, a home would be left to his son. The son proved a disappointment to his father; he d

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Flashcard 1366854077708

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Question

Suggitt v Suggitt [2012] EWCA Civ 1140

Answer

a father had, during his lifetime, given assurances that his farmland and, by implication, a home would be left to his son. The son proved a disappointment to his father; he dropped out of agricultural college, moved back home and was dependent on his father, although he did do some work around the farm. In his will, the father left all of his estate to his daughter, with a power to transfer the farmland to the son if, in her absolute opinion, he showed himself capable of working on and managing the farmland. The son successfully claimed the farmland and a house by estoppel.

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Edited, memorised or added to reading queue

on 18-Jul-2016 (Mon)

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