Transferred Intent in UK Law

Leading Cases
  • Plevin v Paragon Personal Finance Ltd (No 2)
    • Supreme Court
    • 29 Marzo 2017

    Mrs Plevin entered into a CFA with her original solicitors, Miller Gardner, on 19 June 2008. Subsequently there were two technical changes of solicitor. They were technical because they both arose out of organisational changes within the same firm. In July 2009, the partners of Miller Gardner reconstituted themselves as an LLP.

    It is common ground that the CFA was in principle assignable. Paragon's argument is based on the terms to the two successive transfer agreements made between the successive Miller Gardner entities.

    It is right to add that even if the argument were sound, it would lead nowhere. Shortly after each transfer, on 30 July 2009 and 30 April 2012, the new firm wrote to Mrs Plevin informing her about the change, referring to the CFA and saying that they would "continue to represent you on the same terms and conditions as previously." Mrs Plevin plainly assented to that by continuing to instruct them.

  • R v Knowles and Others
    • Court of Appeal (Criminal Division)
    • 05 Febrero 2015

    In considering that wider question the matters to which a judge will invariably have to have regard to include (1) the extent to which the offender needs treatment for the mental disorder from which the offender suffers, (2) the extent to which the offending is attributable to the mental disorder, (3) the extent to which punishment is required and (4) the protection of the public including the regime for deciding release and the regime after release.

  • Attorney General's Reference (No. 3 of 1994)
    • House of Lords
    • 24 Julio 1997

    The courts have always firmly resisted attempts to obtain the answer to academic questions, however useful this might appear to be. The peculiarity of a reference under the Act of 1972 is that it is not a step in a dispute, so that in one sense the questions referred are invariably academic.

  • R (H) v Secretary of State for the Home Department and another; R (on the application of IH) v Nottinghamshire Healthcare NHS Trust
    • Queen's Bench Division (Administrative Court)
    • 05 Diciembre 2001

    It was still contended that the Claimant has been detained in breach of Article 5(1) and 5(4), but as an illustration of the alleged incompatibility of section 73(2) and/or (7) of the Act with Article 5(1) and (4) of the Convention.

  • Svenska Petroleum Exploration AB v Government of the Republic of Lithuania [QBD (Comm)]
    • Queen's Bench Division (Commercial Court)
    • 04 Noviembre 2005

    Moreover, even if it were necessary to so, recourse may only be to the "rules of international business activities generally accepted in the petroleum industry". Furthermore, recourse is to be had to such rules only insofar as they do not contradict the laws of Lithuania. The State did not, in any event, adduce any evidence of what were the "rules of international business activities generally accepted in the petroleum industry".

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... standing, unless the data subject has indicated a contrary intention. . (3) Where the controller discloses personal data in pursuance of ... (iv) a description of the personal data transferred. S-76 . Transfers on the basis of special circumstances 76 Transfers on ......
  • Firearms Act 1968
    • UK Non-devolved
    • 1 de Enero de 1968
    ......of public safety. . S-16 . Possession of firearm with intent to injure. 16 Possession of firearm with intent to injure. . . It is an ...antique firearm which is sold, transferred, purchased, acquired. or possessed as a curiosity or ornament. . (3) ......
  • Counter-Terrorism and Border Security Act 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... “(aa) section 18 (wounding with intent),”; . (b) (b) after the entry relating to the Explosive Substances Act .... (3) Where a detainee is transferred from one place to another, the detainee is to be entitled to exercise the ......
  • Nurses, Midwives and Health Visitors Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ....... (1) A person commits an offence if, with intent to deceive. (whether by words or in writing or by the assumption of any. ...) above shall, in the case. of any persons transferred by the order, provide for the scales of. remuneration applicable to them ......
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Books & Journal Articles
  • The Role of Error in Objecto in South African Criminal Law
    • Núm. 80-1, Febrero 2016
    • Journal of Criminal Law, The
    ...... Africa has taken a consistently subjective approach to assessing intention, evidenced through the courts’ rejection of versari , the presumption f intent and transferred malice. This upholds individual autonomy and assigns blame on a principled ......
  • Problems of Transferred Malice in Multiple-Actor Scenarios
    • Núm. 74-2, Abril 2010
    • Journal of Criminal Law, The
    ...... Multiple-actor Scenarios Michael Bohlander * Abstract Transferred malice is a well-known concept that allows the extension of an offender’s intent to a victim or object hit accidentally because the offender missed his intended target. Coupled to this doctrine is the annex doctrine of transferred ......
  • Money Laundering: Transnational Criminals, Globalisation and the Forces of ‘Redomestication’
    • Núm. 1-1, Enero 1997
    • Journal of Money Laundering Control
    • 51-63
    Many scholars of international relations have long argued that by plotting on a map of the world all the transnational contacts of private individuals the international system resembles a ‘cobweb’....
    ......, the speed and relative ease with which funds may be transferred across borders has intensified the degree of contact along its fila-ments. While the intent of this model of world society was to highlight 'legitimised' ......
  • Transferred Malice, Joint Enterprise and Attempted Murder
    • Núm. 78-3, Junio 2014
    • Journal of Criminal Law, The
    ......Attempted Murder. R v Grant (Nathaniel) [2014] EWCA Crim 143. Keywords  Attempted murder; Transferred malice; GBH with intent; Joint enterprise. Nathaniel Grant, Kazeem Kolawole and Tony McCalla were all charged with a single count of attempted murder and two counts of ......
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Law Firm Commentaries
  • The Subprime Fallout-Local Difficulty Or Global Crisis? The Implications For English Litigators
    • Mondaq United Kingdom
    ...... the security of the underlying properties was not properly transferred at the same time. This fact came to light during the recent decision ...All that Deutsche Bank was able to show was a document showing intent to convey the rights in the mortgages, not the transfer itself, and ......
  • UK DCMS Identifies Priority Jurisdictions for UK Adequacy Recognition and Proposes New UK Information Commissioner
    • LexBlog United Kingdom
    On August 26, 2021, the UK Department of Culture, Media and Sport made news by publishing a document indicating its intent to begin making adequacy decisions for UK data transfers to foreign jurisd...
    ...... (“DCMS”) made news by publishing a document indicating its intent to begin making adequacy decisions for UK data transfers to foreign ... is deemed adequate, UK personal data will be able to be transferred to the jurisdiction without the implementation of additional safeguards. ......
  • US Issues Sanctions Guidance for International Maritime Operators – Five Key Points
    • LexBlog United Kingdom
    On 14 May 2020, following engagement with the private sector, including UK based insurers, the U.S. Government issued new sanctions guidance for international maritime operators.  The intent of the...
    ...... new sanctions guidance for international maritime operators.  The intent of the guidance is to provide those in the maritime industry, energy and ... should conduct due diligence where ownership of the vessel is transferred between companies controlled by the same beneficial owner for no reason. ......
  • Statement Of Intent Published For Tier 2 - 16 February 2011
    • Mondaq United Kingdom
    ...... Jo Bloggs is transferred from the US to the UK as a Tier 2 (ICT) for 12 months in May 2011.  He is paid a salary of £39,000.  . In April 2012, the company decide ......
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