Implied Consent in UK Law

Leading Cases
  • Wilson v Pringle
    • Court of Appeal (Civil Division)
    • 26 Marzo 1986

    But, apart from these special instances where the control or constraint is lawful, a broader exception has been created to allow for the exigencies of everyday life. Although such cases are regarded as examples of implied consent, it is more common nowadays to treat them as falling within a general exception embracing all physical contact which is generally acceptable in the ordinary conduct of daily life.

  • R v Morris (David)
    • House of Lords
    • 13 Octubre 1983

    In the context of section 3(1), the concept of appropriation in my view involves not an act expressly or impliedly authorised by the owner but an act by way of adverse interference with or usurpation of those rights.

  • Dobson v General Accident Fire and Life Assurance Corporation Plc
    • Court of Appeal (Civil Division)
    • 28 Julio 1989

    Moreover, on general principles, it would in my judgment be a plain interference with or usurpation of an owner's rights by the customer if he were to remove a label which the owner had placed on goods or put another label on. It would be a trespass to goods and it would be usurping the owner's rights, for only he would have any right to do such an act and no one could contend that there was any implied consent or authority to a customer to do any such thing.

  • British Coal Corporation v Dennis Rye Ltd (No. 2)
    • Court of Appeal (Civil Division)
    • 25 Febrero 1988

    Nevertheless it is clear that the plaintiffs made the documents available for a limited purpose only, namely to assist in the conduct first of a criminal investigation and then of a criminal trial. This action by the plaintiffs, looked at objectively as it must be, cannot be construed as a waiver of any rights available to them in the present civil action for the purpose of which the privilege exists.

  • Seager v Copydex Ltd
    • Court of Appeal (Civil Division)
    • 18 Abril 1967

    It depends on the broad principle of equity that he who has received information in confidence shall not take unfair advantage of it. He must not make use of it to the prejudice of him who gave it without obtaining his consent. He should go to the public source and get it: or, at any rate, not be in a better position than if he had gone to the public source. He should not get a start over others by using the information which he received in confidence.

  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931

    This brings the discussion to the alternative mode of expressing the result of a mutual mistake. It is said that in such a case as the present there is to be implied a stipulation in the contract that a condition of its efficacy is that the facts should be as understood by both parties, viz., that the contract could not be terminated till the end of the current term.

  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Julio 2002

    What is crucial is to understand that, without the requisite intention, in law there can be no possession. Such intention may be, and frequently is, deduced from the physical acts themselves. But there is no doubt in my judgment that there are two separate elements in legal possession. It is not the nature of the acts which A does but the intention with which he does them which determines whether or not he is in possession.

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Legislation
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... the operation or use of the system, or(b) has the express or implied consent of such a person to carry out the interception. . (3) Sections 4 ......
  • Protection of Freedoms Act 2012
    • UK Non-devolved
    • 1 de Enero de 2012
    ...... use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric .... (2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to ......
  • Mobile Homes Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ... In Chapter 2 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (implied terms in pitch agreements except those relating to pitches in England on ......
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ...(1) Any rule of law that breach of a warranty (express or implied) in a contract of insurance results in the discharge of the insurer's ......
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Books & Journal Articles
  • Women’s behavior as implied consent: Male “reasonableness” in Australian rape law
    • No. 21-3, July 2021
    • Criminology & Criminal Justice
    Defendants in rape trials rely on narratives of “implied consent,” situating women’s ordinary behavior as having indicated consent. Such narratives ignore women’s experiences, instead describing a ...
  • Attributions of victim responsibility in revenge pornography
    • No. 11-4, October 2019
    • Journal of Aggression, Conflict and Peace Research
    • 263-272
    Purpose: Revenge pornography is a growing risk among adolescents and young adults. Often stemming from sexting, some victims of revenge pornography report experiencing victim-blame similar to that ...
    ....../value –The study suggests that victim-blame is linked to the consent implied by sharing intimateimages with a partner, but is also mitigated by ......
  • ‘I Think it’s Rape and I Think He Would be Found Not Guilty’
    • No. 25-5, October 2016
    • Social & Legal Studies
    A legal definition of rape that exonerates an accused who ‘reasonably believes in consent’ is currently in force in a number of jurisdictions in the United Kingdom, Australia and New Zealand. Limit...
    ......Focus Group Perceptions of (un)Reasonable Belief in Consent in Rape Law . Wendy Larcombe ... expected that jurors would draw on a presumption of ‘implied’ or ......
  • Computer Misuse: Denial-of-Service Attacks
    • No. 70-6, December 2006
    • Journal of Criminal Law, The
    ......, the addition to those contents of any program or data without the consent of any person who is entitled to determine whether or not that addition ... each e-mail sent by the re- spondent on an individual basis, the implied consent to each resulted in implied consent collectively and therefore the ......
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Law Firm Commentaries
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Forms
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