Past Consideration in UK Law

Leading Cases
  • Denton and Others v Th White Ltd and Another; Decadent Vapours Ltd v Bevan and Others; Utilise Tds Ltd v Cranstoun Davies and Others
    • Court of Appeal (Civil Division)
    • 04 Julio 2014

    A judge should address an application for relief from sanctions in three stages. If the breach is neither serious nor significant, the court is unlikely to need to spend much time on the second and third stages. We recognise that hard-pressed first instance judges need a clear exposition of how the provisions of rule 3.9(1) should be given effect. We hope that what follows will avoid the need in future to resort to the earlier authorities.

    The assessment of the seriousness or significance of the breach should not, initially at least, involve a consideration of other unrelated failures that may have occurred in the past. At the first stage, the court should concentrate on an assessment of the seriousness and significance of the very breach in respect of which relief from sanctions is sought.

  • Istel (AT & T) Ltd v Tully
    • House of Lords
    • 20 Julio 1992

    Indeed, in my opinion, the privilege can only be justified on two grounds, first that it discourages the ill treatment of a suspect and secondly that it discourages the production of dubious confessions. I regard the privilege against self incrimination exercisable in civil proceedings as an archaic and unjustifiable survival from the past when the court directs the production of relevant documents and requires the defendant to specify his dealings with the plaintiff's property or money.

    I can for myself see no argument in favour of the privilege against producing a document the contents of which may go to show that the holder has committed a criminal offence. The contents of the document will speak for itself and there is no risk of the false confession which underlies the privilege against having to answer questions that may incriminate the speaker.

  • R A v The Chief Constable of Kent Constabulary
    • Queen's Bench Division (Administrative Court)
    • 08 Marzo 2013

    Although the relevant court in Pinnock was the County Court, I consider that the Administrative Court has to carry out a similar exercise as it is the sole court with power to review whether the Defendant's decision will result in a breach of the Claimant's human rights. In doing so, it has to consider the Claimant's human rights as at the date of the court hearing.

  • R v Hanson; R v Gilmore; R v Pickstone
    • Court of Appeal (Criminal Division)
    • 22 Marzo 2005

    For example, theft and assault occasioning actual bodily harm may each embrace a wide spectrum of conduct. The judge may also take into consideration the respective gravity of the past and present offences. He or she must always consider the strength of the prosecution case. If there is no or very little other evidence against a defendant, it is unlikely to be just to admit his previous convictions, whatever they are.

  • Council for Healthcare Regulatory Excellence v Nursing and Midwifery Council and Another
    • Queen's Bench Division (Administrative Court)
    • 14 Abril 2011

    The value of this test, in my view, is threefold: it identifies the various types of activity which will arise for consideration in any case where fitness to practise is in issue; it requires an examination of both the past and the future; and it distils and reflects, for ease of application, the principles of interpretation which appear in the authorities.

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Legislation
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... and dynamic purchasing systems, the value to be taken into consideration shall be the maximum estimated value, net of VAT, of all the contracts ... demonstrated by suitable references from contracts performed in the past. . (17) A contracting authority may assume that an economic operator does ......
  • Companies Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... of the company's current certificate of incorporation, and of any past certificates of incorporation;. . . (g) in the case of a company with a ... . . (b) gives full consideration in money or money's worth in relation to the act in question and does not ......
  • National Health Service Act 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ...... . . (b) allowing a Primary Care Trust to defer consideration of pharmaceutical list applications relating to neighbourhoods, premises ... of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose ......
  • Companies Act 1862
    • UK Non-devolved
    • 1 de Enero de 1862
    ....... Liability of Members. . S-38 . Liability of present and past Members of Company. 38 Liability of present and past Members of Company. ... amongst themselves, and it may, in making a Call, take into consideration the Probability that some of the Contributories upon whom the same is made ......
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Books & Journal Articles
  • Italy: Economic Crime and International Cooperation
    • Nbr. 6-2, April 1998
    • Journal of Financial Crime
    • 189-190
    It is a well‐known fact, and one to which a large amount of due consideration has been devoted over the past years by a number of governments, that the international implications of crime are incre...
    ...... is a well-known fact, and one to which a large amount of due consideration has been devoted over the past years by a number of governments, that the ......
  • Knowledge management: French cooking
    • Nbr. 40-3/4, August 2010
    • VINE
    • 301-311
    Purpose: The purpose of this paper is to share experience on what has happened in knowledge management in France since the 1980s, for better understanding of cultural influence in holistic KM. Des...
    ......Taking into consideration the past experience accelerates the progress and experience helpsto ......
  • How does performance history impact supplier selection in public sector?
    • Nbr. 115-1, February 2015
    • Industrial Management & Data Systems
    • 107-128
    Purpose: – The purpose of this paper is to study if the performance history impacts supplier selection in the French public sector context. While French public procurement legislation forbids consi...
    ......While French public procurement legislation forbids considerationof the past contract wins in supplier selection, public contractors may ......
  • Breaking the “Purity Rule”: Industrial Sabotage and the Symbolic Process
    • Nbr. 14-3, March 1985
    • Personnel Review
    • 12-19
    In the past little has been written on the subject of industrial sabotage. Even the broader consideration of “resistance” of which sabotage could be considered part has been little attempted outsid...
    ......, Buckinghamshire College of Higher Education Introduction In the past little has been written on the subject of industrial sabotage. Even the oader consideration of "resistance" of which sabotage could be considered part has been little ......
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Law Firm Commentaries
  • Credit Hire Crunch
    • Mondaq United Kingdom
    ......the defendant's argument that "past consideration is not. good consideration" and that the later signed ......
  • The IP Value of Business Plans—Protection For The Entrepreneur
    • Mondaq United Kingdom
    ...... was at the mercy of the trustees who were legally bound not to reward past consideration. Mr. Ball was later removed from the project and ......
  • Drafting Commercial Contracts
    • Mondaq United Kingdom
    ...... requirements for a contract to be formed: offer, acceptance, consideration and the intention to create legal relations. Once these four principles ... care needs to be taken where the consideration exists only in the past. Past consideration is deemed to be no consideration: in other words, the ......
  • Legal Developments In The Credit Hire Market
    • Mondaq United Kingdom
    ......principle that past consideration is not good consideration and the. liability to pay hire ......
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Forms
  • Chapter IHTM28382
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    .... . . In law, consideration is an act or promise to do (or not to do) something in return for value, ...Past consideration. In general law, and also for IHT purposes, it is said that ......
  • Chapter IHTM28323
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......Past consideration. A statement made by the deceased after the event is past ......
  • Chapter IHTM28383
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... are likely to be debts that have either been incurred for no consideration or for past consideration). liabilities that are unenforceable because ......
  • Chapter INTM153200
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... . The general rule is that pensions paid in consideration of past employment are only taxable in the country of the recipient’s ......
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