Defences in UK Law

  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 October 1998
    ......Such defences would recognise that the payee has, in such circumstances, a legitimate interest in retaining the payment, based on the need for certainty and ......
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • House of Lords
    • 20 July 1992
    ......I would go further and accept that the armoury of common law defences, such as those which prevent recovery of money paid under a binding compromise or to avoid a threat of litigation, may be either inapposite or ......
  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
    • House of Lords
    • 25 October 2006
    ......, due essentially to the work of scholars, that it could best be achieved by recognising a general right of recovery subject to specific defences to cater for the fears which formerly appeared to require a blanket exclusion of recovery. It was his acceptance of this general right of recovery of ......
  • Mancini v DPP
    • House of Lords
    • 16 October 1941
    ......In this case it may be that the difficulty of presenting the alternative defences of accident and manslaughter may have actuated counsel in saying very little about manslaughter, but if we come to the conclusion, as we do, that ......
  • R v Majewski
    • House of Lords
    • 13 April 1976
  • Jones v Sherwood Computer Services Plc
    • Court of Appeal (Civil Division)
    • 07 December 1989
  • DPP for Northern Ireland v Lynch
    • House of Lords
    • 12 March 1975
    ...... is considerable authority that duress, and closely cognate juridical concepts (such as "necessity" and "coercion"), do not extend to being defences to a charge of murder as a principal—if, indeed, to murder in any degree of participation. But it is argued on behalf of the Appellant, first, that ......
  • Hyam v DPP
    • House of Lords
    • 21 March 1974
  • R v Smith (Morgan James)
    • House of Lords
    • 27 July 2000
    ...... 1 The respondent was charged with murdering James McCullagh on the 16 November 1996. He put forward three defences: (a) lack of intention to cause death or really serious harm; (b) provocation; (c) diminished responsibility. The jury by a majority of ten to two ......
  • Kuwait Oil Tanker Company SAK and Another v Al Bader and Others
    • Court of Appeal (Civil Division)
    • 18 May 2000
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