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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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on 18-Jul-2016 (Mon)

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