Implied Consent in UK Law

  • R v R [1991]
    • House of Lords
    • 23 Octubre 1991
    ... ... His ground for doing so was that, assuming an implicit general consent to sexual intercourse by a wife on marriage to her husband, that consent ... Duffy and H.M. Advocate v. Paxton show that any supposed implied consent to intercourse is not irrevocable, that separation may demonstrate ... ...
  • Re F (Mental Patient: Sterilisation); F v West Berkshire HA
    • House of Lords
    • 04 Mayo 1989
    ... ... he so makes to him should be kept secret, unless with his consent (for it is his privilege, and not the privilege of the confidential ... This exception has been said to be founded on implied consent, since those who go about in public places, or go to parties, may ... ...
  • R v Brown Lucas Jaggard Laskey Carter (Conjoined Appeals)
    • House of Lords
    • 11 Marzo 1993
    ... ... -masochistic encounter, does the prosecution have to prove lack of consent on the part of B before they can establish A's guilt under section 20 and ... occurrence in practice where the consent is not express but implied. These numerous categories are not the fruit of academic over-elaboration, ... ...
  • JA Pye (Oxford) Ltd v United Kingdom (44302/02)
    • House of Lords
    • 04 Julio 2002
    ... ... finding to the effect that a person's occupation of any land is by implied permission of the person entitled to the land in any case where such a ... so long as the Grahams were occupying the disputed land with Pye's consent, they could not be treated as having dispossessed Pye. Accordingly no ... ...
  • R v Sunderland City Council, ex parte Beresford
    • House of Lords
    • 13 Noviembre 2003
    ... ... , however, establishes that a licence to use land cannot be implied from mere inaction of a landowner with knowledge of the use to which his ... issue has been raised, that of implied licence (or permission, or consent). That was the ground on which the Sunderland City Council succeeded ... ...
  • R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 3)
    • House of Lords
    • 24 Marzo 1999
    ... ... or suffering is inflicted by or at the instigation of or with the consent or acquiesence of a public official or other person acting in an official ... argument has, in my opinion, to be formulated as dependent upon an implied term in the Convention. It is a matter of comment that, for reasons which ... ...
  • Waugh v H.B. Clifford & Sons Ltd
    • Court of Appeal (Civil Division)
    • 21 Diciembre 1981
    ... ... 41 "We agreed. that there should be an application for a Consent Order to withdraw the action on terms that the properties be purchased at ... to bear in mind the distinction between on the one hand the implied authority of a solicitor to compromise an action without prior reference ... ...
  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 Julio 1993
    ... ... has a clause in the contract forbidding assignment without his consent and refuses to give consent as McAlpine has done. It is then said that ... Was there an implied term in the deed of assignment dated 25 March 1976 and in the agency ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Octubre 2002
    ... ... intention of the parties, whether expressed or more generally implied, constitute the underlying assumption without which the parties would not ... , considered at p.217 the circumstances in which mistake nullified consent. He held that it did so where the parties contracted under the common ... ...
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931
    ... ... not at that moment have been got rid of without the Appellants' consent ... 57 It is, I believe, the view of all your Lordships that the order ... intention of the parties, whether expressed or more generally implied, constitute the underlying assumption without which the parties would not ... ...
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