Mistake of Fact in UK Law
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It Was All A Mistake!
... ... It will be set aside for mistake whether the mistake is a mistake of law or of fact, so long as the mistake is as to the effect of the transaction itself and not merely as to its consequences or the advantages to be gained by ... ...
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Are The Decisions Of Public Authorities Final?
... ... for example where there has been fraud or a fundamental mistake of fact, once a public authority has exercised its statutory power any ... ...
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Judicial Review Of The Care Quality Commission Decisions
... ... assurances it has given that it would act in a certain way Mistake of fact - a CQC inspector may have incorrectly recorded facts during an ... ...
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Legal Case Challenges Cut-off Date For Ex-gratia Payments To Infected Blood Victims
... ... Her grounds for judicial review are: ... Mistake of Fact ... Irrationality and/or breach of the common law duty to act ... ...
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Challenge To Brexit Based On Campaign Spending Irregularities In The Referendum Funding Has Failed At The First Hurdle
... ... Further, for a mistake of fact to give rise to a public law challenge the error must have played ... ...
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High Court Considers Receiving Bank's Liability In Context Of APP Fraud
... ... payment made under a mistake of fact induced by the fraud of a ... third party ... The Bank denied the ... ...
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Barclays Bank UK v Terry And The Previously Hypothetical "Bifurcated Process"
... ... This ... mistake occurred while undertaking an audit of their security at ... the Land ... and serious mistake of fact having legal consequences and was thus ... theoretically entitled to ... ...
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Supreme Court rules on test for dishonesty
Ivey v Genting Casinos [2017] UKSC 67 - In a landmark case, the UK Supreme Court has clarified the test for dishonesty under criminal law. This re-alignment of the criminal test for dishonesty i...... ... Dishonesty has long been recognised as a jury concept of fact. To be satisfied of dishonesty, the jury must apply the two-stage test ... acceptable standards of behaviour notwithstanding an individual's mistake of fact as to societal standards of honesty ... The Supreme Court was at ... ...
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Identification of third party beneficiaries - contracts (rights of third parties) act
Reference to setting up a separate segregated client account in a letter of instruction from a customer to the bank (the terms of which envisaged that an account would be opened and operated in a p...... ... of trust; and (v) for restitution on the basis of an alleged mistake of fact. Ultimately, all of these claims failed; however, the judge’s ... ...
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Get your ducks in a row if you want to challenge an adjudicator's decision
To err is human and, soon after the Construction Act was enacted, the courts sensibly recognised that a "slip rule" could be implied in adjudications to allow adjudicators to correct minor clerical...... ... to correct what are more substantive errors, in the sense of a mistake of fact or law. Nor, in my view, is it warrant to correct a pure omission, ... ...
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