Presumption of Death in UK Law

  • Re P (Presumption of Death)
    • Family Division
    • 19 Noviembre 2021
  • R v Tolson
    • Court for Crown Cases Reserved
    ... ... for less than Seven Years - Honest Belief on reasonable Grounds of Death of Husband or Wife - 24 & 25 Vict. c. 100, s. 57 ... The prisoner was ... The effect of the proviso in s. 57 is merely to raise a presumption of death after an absence of seven years, during which the other party to ... ...
  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007
    ... ... the title to a dwelling house is taken in one name only, the presumption is that there is sole ownership in the named proprietor. Where it is taken ... children on the termination of the relationship by breakdown or death". Thus it was considering whether defined relationships might give rise to ... ...
  • Matthew v Trinidad and Tobago
    • Privy Council
    • 07 Julio 2004
    ... ... The issue in these appeals is the constitutionality of the mandatory death penalty in Trinidad and Tobago. The relevant provisions of the ... There was thus (in section 1) a presumption of past and a promise of future enjoyment of the listed rights, but (in ... ...
  • Ong Ah Chuan v Public Prosecutor; Koh Chai Cheng v Public Prosecutor
    • Privy Council
    • 15 Octubre 1980
    Fundamental rules of natural justice in the field of criminal law. Controlled drug. Offence of trafficking. Mandatory sentence of death
    ... ... the amount of heroin involved exceeded 15g in each case sentence of death was imposed on both appellants. Sentence of death is mandatory under s 29 ... sense of the term) was two or more grams, a rebuttable presumption arises under s 15(2) that the accused had the said controlled drug in his ... ...
  • Pettitt v Pettitt
    • House of Lords
    • 23 Abril 1969
    ... ... argued that the present case could be decided by applying the presumption regarding advancement. It was said that if a husband spends money on ... what their equitable interests in the family asset shall be if death, divorce or separation parts them. Where there is no explicit agreement, ... ...
  • Woolmington v DPP
    • House of Lords
    • 05 Abril 1935
    ... ... murder of his wife on 10th December, 1934, and was sentenced to death. He appealed to the Court of Criminal Appeal, substantially upon the ... 's death has been caused by another, there is a prima facie presumption of law that the person causing the death is a murderer unless the contrary ... ...
  • Foskett v McKeown
    • House of Lords
    • 24 Mayo 2000
    ... ... policy (which was issued on 27 January 1987) provided that on the death of Mr. Murphy a specified death benefit became payable, such benefit being ... The tracing rules are not the result of any presumption or principle peculiar to equity. They correspond to the common law rules ... ...
  • Boyce et Al v R
    • Privy Council
    • 07 Julio 2004
    ... ... The issue in these appeals is the constitutionality of the mandatory death penalty in Barbados. The relevant provisions of the constitution are ... has been inclined to regard them as creating an irrebuttable presumption that the existing laws were in accordance with the fundamental rights ... ...
  • Hyam v DPP
    • House of Lords
    • 21 Marzo 1974
    ... ... it enough that he intends wilfully to expose another to the risk of death or grievous bodily harm in the sense of really serious injury? I do not ... him, unless the circumstances are such as to raise a contrary presumption. The burden of proving circumstances of excuse, justification, or ... ...
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