Breach of Undertaking in UK Law

  • Another type of ‘Other’ in EU Law? AB (2) MVC v Home Office and Rahman v Secretary of State for the Home Office
    • No. 76-2, March 2013
    • The Modern Law Review
    EU citizenship law has to date paid little attention to the extended family members of Union citizens, a group mentioned just once in Citizenship Directive 2004/38. This note suggests that the curr...
    ... ... , Mr Walker, both conceded a material error of law and gave an undertaking to the Upper Tribunal Judge to issue Ms C with a residence card. By August ... 41 Nor did this failure amount to a breach of undertaking. 42 In Muhammed 43 it was confirmed that the common law ... ...
  • Courts of Appeal
    • No. 43-1, January 1979
    • Journal of Criminal Law, The
    ... ... had indicated that if he pleaded guilty and gave an undertaking not to see the girl or her sister, he would not impose an ... had erred in 'varying' the original sentence, in treating the breach of undertaking as a further criminal offence under s.23(1) of the ... ...
  • Divisional Court
    • No. 58-1, February 1994
    • Journal of Criminal Law, The
    ... ... when dealing with an offender consider accepting an undertaking from a third party to pay compensation instead of, or in ... against the father for contempt of court in respect of his breach of undertaking, which undertaking the judge had expressly accepted ... ...
  • A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
    • No. 85-5, October 2021
    • Journal of Criminal Law, The
    In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar...
    ... ... proposed reform by way of a reconceptualised offence based on a breach of a fiduciary duty amounting to a betrayal of trust. This article s an examination of gross negligence manslaughter, before undertaking a review of the proposals advocated by the authors. Applying the proposed ... ...
  • A Preference for Innominate Terms: The Good, the Bad Bargain and the Ugly
    • No. 2-2, July 2012
    • Southampton Student Law Review
    • Oliver Williams
    • 155-184
    At less than ten pages in length, the succinct judgment of Lord Justice Diplock in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd succeeded in altering the legal landscape of modern contr...
    ... ... of an innocent party’s entitlement to elect to terminate for breach of contract, based on classification of the term, the innovative ... By undertaking the aforesaid research this essay exposes the inadequacy of the reasoning ... ...
  • Effective Redress of Grievance in Data Protection: An Illusion?
    • No. 23-3, June 2016
    • Maastricht Journal of European and Comparative Law
    This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. I...
    ... ... breach of data protection law. It considers the extent to which the pr inciple ... In undertaking this analysi s the article seeks to demon strate that there are a number ... ...
  • Positivism in the English Law of Contract
    • No. 55-1, January 1992
    • The Modern Law Review
    ... ... to the Court of Appeal’s holding) that there had been a breach by the defendant of the express terms of the letter of undertaking ... ...
  • Shareholder empowerment, steps forward and steps back. Comparative analysis of the US and UK regulations
    • No. 27-2, May 2019
    • Journal of Financial Regulation and Compliance
    • 169-196
    Purpose: The global financial crisis of 2007-2008 prompted a significant debate on corporate governance and shareholder empowerment. A question arises as to whether shareholders ought to be further...
    ... ... ), which involved a claimbrought byshareholders on the grounds of a breach of fiduciary duty.Findings –This paper arguesthat the shareholder ... of 2007 was the lack ofregulation of risky behaviour and the undertaking of unsound corporate activities byboards’directors. This in itself could ... ...
  • Unpaid Work as an Alternative to Imprisonment for Fine Default in Austria and Scotland
    • No. 5-2, August 2013
    • European Journal of Probation
    Many jurisdictions have introduced other non-custodial measures to decrease the usage of fines, nevertheless they are still a popular sanction. Although the majority of offenders fined pay their fi...
    ... ... Work orders being required to work alongside offenders undertaking unpaid work as part of a community order; the potential risks to ... sentence that was available to the courts in the event of breach up to the max imum custodial sentence available to the court (at ... ...
  • A ‘GO SLOW’ OR A ‘WORK TO RULE’?
    • No. 1-3, October 1963
    • British Journal of Industrial Relations
    ... ... if he ' goes slow ', he will therefore be in breach of his contract of employment. The employer could then sue ... covering employees employed by a public utility undertaking supplying gas or water to the public, who know or ... ...
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