Transferred Intent in UK Law
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Plevin v Paragon Personal Finance Ltd (No 2)
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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.
The starting point is that as a matter of ordinary language one would say that the proceedings were brought in support of a claim, and were not over until the courts had disposed of that claim one way or the other at whatever level of the judicial hierarchy.
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R v Knowles and Others
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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.
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Choithram Intl SA v Pagarani
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There can in principle be no distinction between the case where the donor declares himself to be sole trustee for a donee or a purpose and the case where he declares himself to be one of the Trustees for that donee or purpose. In both cases his conscience is affected and it would be unconscionable and contrary to the principles of equity to allow such a donor to resile from his gift.
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Attorney General's Reference (No. 3 of 1994)
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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.
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Larceny Act 1916
... ... of being stolen with intent, at the time of such ... taking, permanently to deprive the owner thereof: ... sale of any annuities or securities purchased, or ... transferred under the provisions of Part V. of the ... Municipal Corporations Act, ... ...
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Counter-Terrorism and Sentencing Act 2021
... ... prisoners who are repatriated, or responsibility for whom is transferred, to the United Kingdom ... PART 3: Prevention and investigation of ... section 18 (wounding with intent to cause grievous bodily harm); ... ...
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Forgery Act 1913
... ... the counterfeiting of a seal or die, and forgery with intent to ... defraud or deceive, as the case may be, is punishable as in this ... , or obtains, or causes or procures to be delivered, paid or transferred to any person, or endeavours to receive or obtain or to cause or procure ... ...
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Bankrupt and Insolvent Act 1857
... ... now pending therein, be transferred to and continued and vested in the Court constituted under this Act ... to be made any of the Acts, Deeds, or Matters aforesaid, with Intent to defeat or delay his Creditors, shall be deemed to have thereby ... ...
- Somerville v Harsco Infrastructure Ltd: Transferred Intent and the Scope of Vicarious Liability
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The Role of Error in Objecto in South African Criminal Law
State v Pistorius provides an opportunity to consider error in objecto in the context of the broader approach to dolus in South African criminal law. For the last 60 years South Africa has taken a ...... ... through the courtsrejection of versari, the presumption of intent and transferred malice. This upholds individualautonomy and assigns blame ... ...
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Money Laundering: Transnational Criminals, Globalisation and the Forces of ‘Redomestication’
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' ... ...
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Problems of Transferred Malice in Multiple-Actor Scenarios
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 ...... ... Multiple-actor ScenariosMichael Bohlander*Abstract Transferred malice is a well-known concept that allows theextension of an offenders intent to a victim or object hit accidentallybecause the offender missed his intended target. Coupled to this doctrineis the annex doctrine of transferred ... ...
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May I See Your Badge(s)? The Bankruptcy Trustee's Power To Avoid Fraudulent Transfers Made With Actual Intent
... ... Trustee to avoid transfers or obligations. The Trustee must either ... prove that the debtor: ... (1) transferred property or incurred an obligation with the ... intent to hinder, delay or defraud its creditors; or ... (2) made a transfer or incurred an ... ...
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Corporate Munificence: Beware
... ... tax if the transfer is made with no gratuitous intent or if the ... amount transferred is deductible in computing the company's ... ...
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Corporate Munificence: Beware
... ... tax if the transfer is made with no gratuitous intent or if the ... amount transferred is deductible in computing the company's ... ...
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The Subprime Fallout-Local Difficulty Or Global Crisis? The Implications For English Litigators
... ... 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 ... ...