Constructive Notice in UK Law

  • Fighting the file-sharing war through notice-and-takedown regimes: Plunging a sword of copyright through the heart of freedom of expression on the Internet
    • No. 2-2, July 2012
    • Southampton Student Law Review
    • Thomas Southey Capel
    • 51-75
    The evolution of the Internet and technology that facilitates copying and sharing of copyright material has presented challenges to copyright holders. This paper looks at the use of notice-and-take...
    ... ... This theme follows into the closing recommendation of market reform as a constructive solution to the ‘file-sharing war’ ... Introduction ... ‘ The greatest constraint on y our future liberties m ay com e not from ... ...
  • Belmont Finance Ltd. v. Williams Furnishing Ltd.
    • No. 42-6, November 1979
    • The Modern Law Review
    ... ... the parties to the agreement were liable as constructive trustees, arguing that the pleadings, without amendment, were ... the company of assets ” and that constructive notice was sufficient to fix the defendants with knowledge.‘ ... ...
  • Barclays Bank v O’Brien Revisited: What a Difference Five Years Can Make
    • No. 62-4, July 1999
    • The Modern Law Review
    ... ... influence of her spouse, of which the lending institution had constructive notice. In Barclays Bank v O’Brien , 2 Lord Browne-Wilkinson had ... ...
  • Infants, Lunatics and Married Women: Equitable Protection in Garcia v National Australia Bank
    • No. 62-4, July 1999
    • The Modern Law Review
    ... ... who was operating under a disability of which the lender had notice. Under Yerkey , the unconscionability arises from the fact that the ... was shaky, thus opening the way to the new doctrine of ‘constructive notice’ in O’Brien ... Constructive notice has, of course, a long and ... ...
  • BONA FIDE PURCHASERS OF REGISTERED LAND
    • No. 36-1, January 1973
    • The Modern Law Review
    ... ... fide purchaser of a legal estate for value without notice and the owner of an equitable interest. This competition ... of a legal estate for value without notice actual, constructive or imputed. The onus was on the purchaser to establish ... ...
  • REPORTS OF COMMITTEES
    • No. 30-5, September 1967
    • The Modern Law Review
    ... ... is that they would no longer be fixed with constructive notice of equitable interests discoverable from documents ... ...
  • THE EFFECT OF SECTION 9 OF THE EUROPEAN COMMUNITIES ACT 1972 ON ENGLISH COMPANY LAW
    • No. 36-3, May 1973
    • The Modern Law Review
    ... ... the Act requires the Engli~h Courts to take judicial notice of (inter aha) the Treaties and Officinl Journal of t,he ... As regards constructive notice the Directive clearly states that the doctrine is to ... ...
  • The Husband, the Bank, the Wife and her Signature
    • No. 57-3, May 1994
    • The Modern Law Review
    ... ... as the third party’s agent, or the third party had notice (actual or constructive) of the facts giving rise to her equity ... ...
  • Overriding Interests: Occupation of Part of the Land
    • No. 63-1, January 2000
    • The Modern Law Review
    ... ... of the land registration system was to replace the doctrine of notice by a less capricious system for resolving disputes between parties with ... principle (actual notice) and the publicity principle (constructive notice). Although registration regimes might sometimes be presented as ... ...
  • Misdirected Funds: Problems of Uncertainty and Inconsistency
    • No. 57-1, January 1994
    • The Modern Law Review
    ... ... course if he gives value for the bill, if he has no notice of the defect in title, if the bill is presented for payment on ... conversion and to liability under a proprietary constructive trust than to the rest of the law of restitution. Furthermore, ... ...
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