Transferred Malice in UK Law
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Attorney General's Reference (No. 3 of 1994)
... ... One conspicuous anomaly is the rule which identifies the "malice aforethought" (a doubly misleading expression) required for the crime of ... not make good this deficiency by reliance on the concept of "transferred malice", for this operates only where the mens rea of one crime causes the ... ...
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Chief Constable of Greater Manchester Police v Bailey
... ... has now concluded and you have therefore been substantively transferred back to the GMP", although he would continue to work on Operation Holly ... : as Elisabeth Laing J put it, there is no "doctrine of transferred malice". It is clear that the Tribunal's reasoning does not pass that test ... ...
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R v Gnango
... ... that will have to be considered are (i) joint enterprise; (ii) transferred malice; (iii) exemption from liability where a party to what would ... ...
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Attorney General's Reference (No. 3 of 1994)
... ... to the same qualifications, is made out by the doctrine of transferred malice; 3.the fact that the foetus is not a ... ...
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Liversidge v Anderson
... ... the cause of action, if established with the essential element of malice, exists against any person, rich or poor, powerful or weak, including any ... original applications and as regards appeals was in England transferred from Courts of Justice to the local authority and the Local Government ... ...
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Bici and Another v Ministry of Defence
... ... as a consequence of the deliberate act, the doctrine of transferred malice applies and permits him to sue the defendant. In support of this ... ...
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R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
... ... Initially it was proposed that PB should be transferred to the care of her father when she was 18 months old, but approximately ... It is not suggested that he was motivated by any personal bias or malice against Mr Fitzgerald's clients. It is, however, submitted that because of ... ...
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Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
... ... as much to misfeasance in public office as to other torts involving malice, knowledge or intention: Racz v. Home Office [1994] 2 A.C. 45 ... was entered into by BCCI whereby these problem loans were transferred to new companies which were either owned directly by the Government of Abu ... ...
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R v Edwards (Garnett)
... ... It failed to take into account the doctrine of transferred malice as it applied to the facts and circumstances of the case. Following ... ...
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Royal Mail Group Ltd v Mr Ike Efobi
... ... by the employer which had discharged any burden which had transferred to them to show that the explanation was free of any taint of race ... as Elisabeth Laing J put it, there is no “doctrine of transferred malice”. It is clear that the Tribunal's reasoning does not pass that test.” ... ...
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