Implied Consent in UK Law

Leading Cases
  • R v Morris (David)
    • House of Lords
    • 13 Oct 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.

  • Wilson v Pringle
    • Court of Appeal (Civil Division)
    • 26 Mar 1986

    So nobody can complain of the jostling which is inevitable from his presence in, for example, a supermarket, an underground station or a busy street; nor can a person who attends a party complain if his hand is seized in friendship, or even if his back is, within reason, slapped: see Tuberville v. Savage (1669) 1 Mod. 3

  • Emmott v Michael Wilson and Partners Ltd
    • Court of Appeal (Civil Division)
    • 12 Mar 2008

    On the authorities as they now stand, the principal cases in which disclosure will be permissible are these: the first is where there is consent, express or implied; second, where there is an order, or leave of the court (but that does not mean that the court has a general discretion to lift the obligation of confidentiality); third, where it is reasonably necessary for the protection of the legitimate interests of an arbitrating party; fourth, where the interests of justice require disclosure, and also (perhaps) where the public interest requires disclosure.

  • Dobson v General Accident Fire and Life Assurance Corporation Plc
    • Court of Appeal (Civil Division)
    • 28 Jul 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 Feb 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 Abr 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 Dic 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.

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Legislation
  • Protection of Freedoms Act 2012
    • England & Wales
    • 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 ......
  • Law of Property Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ......by and with the advice and consent of the Lords. Spiritual and Temporal, and Commons, in this present. ...created by a statute or other instrument or implied by. law, and whether created before or after the commencement. of this Act ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ......with the advice and consent of the Lords Spiritual and. Temporal, and Commons, in this present ...may be implied from the conduct of the parties. . (2) Nothing in this section affects ......
  • Mobile Homes Act 1983
    • UK Non-devolved
    • 1 de Enero de 1983
    ...... 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 ... . (d. ) sets out the terms implied by section 2(1) below; and.  . (e. ) complies with such other ......
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Books & Journal Articles
  • Attributions of victim responsibility in revenge pornography
    • Núm. 11-4, Octubre 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 intimate images with a partner, but is also mitigated ......
  • Reflections on R v R
    • Núm. 55-3, Mayo 1992
    • The Modern Law Review
    ...... for rape ought to be abolished because the principle of implied consent on which it is grounded is anachronistic - no longer an ......
  • PRIVACY AND THE PUBLIC
    • Núm. 34-3, Mayo 1971
    • The Modern Law Review
    ......; or (b) the plaintiff, expressly or by implication, consented to the infringement ; or (c) where the infringement was ... consented to the publication either expressly or impliedly. Lastly, whether the publication serves the public interest, ......
  • The Deserted Wife's Status
    • Núm. 29-1, Enero 1966
    • The Modern Law Review
    ...... simply that he or she is there with the express or implied consent of the owner, and nothing more. The statement of ......
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Law Firm Commentaries
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