Past Consideration in UK Law

Leading Cases
  • RP v RP
    • Family Division
    • 08 Dic 2006

    They are very helpful in ensuring the court achieves a fair result and does not become stuck or formulaic in its approach as it has done from time to time in the past (e.g. when the Duxbury formula tended to overwhelm proper consideration of all the S25 factors). However, care needs to be taken to ensure these passages are not treated as some kind of quasi statutory amendment.

  • 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 Jul 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 shall consider each of these stages in turn identifying how they should be applied in practice. 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.

    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.

    In doing so, it will take account of the seriousness and significance of the breach (which has been assessed at the first stage) and any explanation (which has been considered at the second stage). The more serious or significant the breach the less likely it is that relief will be granted unless there is a good reason for it. Where there is a good reason for a serious or significant breach, relief is likely to be granted.

  • Istel (AT & T) Ltd v Tully
    • House of Lords
    • 20 Jul 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 v Hanson; R v Gilmore; R v Pickstone
    • Court of Appeal (Criminal Division)
    • 22 Mar 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.

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Legislation
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ....... (2) If it appears to the monitor that any past or present officer of the company has committed an offence in connection ... 32 In section 93 (recent allotment of shares for non-cash consideration), in subsection (7)(b)(i), after “Part 26” insert “or 26A”. ......
  • 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 ......
  • 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 ......
  • 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 ......
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Books & Journal Articles
  • Italy: Economic Crime and International Cooperation
    • Núm. 6-2, Abril 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...
  • Knowledge management: French cooking
    • Núm. 40-3/4, Agosto 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 helps to ......
  • How does performance history impact supplier selection in public sector?
    • Núm. 115-1, Febrero 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 consideration of the past contract wins in supplier selection, public contractors may ......
  • Breaking the “Purity Rule”: Industrial Sabotage and the Symbolic Process
    • Núm. 14-3, Marzo 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...
    ...... e t o satisf y thei r ow n deman d fo r contextua l consideration . Thei r ap - proac h i s basicall y instrumenta l an d exchang e ... It s hazard s past , th e bal l roll s safel y int o position[9] . Certainl y ther e ......
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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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