Past Consideration in UK Law
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R v Hanson; R v Gilmore; R v Pickstone
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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.
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Denton and Others v Th White Ltd and Another; Decadent Vapours Ltd v Bevan and Others; Utilise Tds Ltd v Cranstoun Davies and Others
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Istel (AT & T) Ltd v Tully
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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.
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Classic Maritime Inc. v Lion Diversified Holidings Berhad and Another
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The reality is that the guarantee was given as part and parcel of a single transaction, since it was specifically required by the August COA. There was no subsequent demand for a guarantee to be given, because it was already provided for in that COA. Consideration moved from Classic as the promisee in the context of the transaction as a whole.
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Finance Act 2008
... ... , an interest is acquired at an undervalue if the total consideration for it is less than that which might reasonably have been expected to be ... in which section 809L(2) (a) applies (whether the current case, or a past case, when the property was so brought, received or used) .(3) A day is ... ...
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The Insolvency (England and Wales) Rules 2016
... ... the purpose of the consideration; and ... the outcome of the consideration (including any resolutions ... a person falling within paragraph (c) of subsection (1) (promoters, past managers, etc.) must be accompanied by a report by the official receiver ... ...
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Taxation of Chargeable Gains Act 1992
... ... no gain/no loss disposal,(c) there is no reduction in the consideration for the acquisition under section 23(4) (b) or (5) (b) , 152(1) (b) , ... in consideration for or recognition of his or another’s services or past services in any office or employment or of any other service rendered or ... ...
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The Immigration (European Economic Area) Regulations 2016
... ... one of the fundamental interests of society, taking into account past conduct of the person and that the threat does not need to be imminent;(d) ... Kingdom, considerations applying to a court or tribunals consideration of whether there are grounds of public policy or public security in an ... ...
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Italy: Economic Crime and International Cooperation
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 ... ...
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Knowledge management: French cooking
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 ... ...
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How does performance history impact supplier selection in public sector?
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...... ... French public procurement legislation forbids considerationof the past contract wins in supplier selection, public contractors may still rely on ... of repeatedcontracts (Waara and Bröchner, 2006).The consideration of potential supplier’s past performance when awardingcontracts is an ... ...
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Israeli and Palestinian Stories. Can Mediators Reconfigure Incompatible Narratives?
The rise of further tensions and wars in the Middle East interconnects, oversimplifies and radicalizes narratives. The aim of the article is to question the scope and practical limits of the mediat...... ... of the mediators’power regarding parties’representations of the past. Thestudy is divided into four parts. The first describes the specific ... The second approach takes into consideration ‘both the Israeli and thePalestinian narratives’. It tends to be ... ...
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Credit Hire Crunch
... ... the defendant's argument that "past consideration is not ... good consideration" and that the later signed ... ...
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The IP Value of Business PlansProtection For The Entrepreneur
... ... 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 ... ...
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Drafting Commercial Contracts
... ... 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 ... ...
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Legal Developments In The Credit Hire Market
... ... principle that past consideration is not good consideration and the ... liability to pay hire ... ...
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Apply to authorise a deprivation of liberty
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... When completing this section you should give consideration to the triggers which may indicate that the ... application is not ... been to issues relating to P’s accommodation and care in the past? ... Why do you think they have and will provide support which is in P’s ... ...
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Application to authorise a deprivation of liberty (Sections 4A(3) and 16(2)(a) of the Mental Capacity Act 2005)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... When completing this section you should give consideration to the triggers which may indicate that the ... application is not ... been to issues relating to P’s accommodation and care in the past? ... Why do you think they have and will provide support which is in P’s ... ...
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Applications relating to Empty Dwelling Management Orders (EDMOs)
Housing and planning forms including Rent Repayment Orders and Demolition Orders.... ... Tribunal will need certain information to assist it in its consideration of the facts. Please read questions (a) and (b) below and complete where ... receiving care by reason of old age, disablement, illness, past or present drug or alcohol dependence or past/present mental illness ... ... ...