Transferred Malice in UK Law

  • R v Gnango
    • Supreme Court
    • 14 December 2011
    ... ... that will have to be considered are (i) joint enterprise; (ii) transferred malice; (iii) exemption from liability where a party to what would ... ...
  • OBG Ltd and another v Allan and Others
    • House of Lords
    • 02 May 2007
    ... ... knowingly cause loss by unlawful means out of simple disinterested malice. It is usually to achieve the further end of securing an economic ... In outline the agreement provided that the Douglases transferred to OK the world wide exclusive right to publish, and authorise others to ... ...
  • Attorney General's Reference (No. 3 of 1994)
    • Court of Appeal (Criminal Division)
    • 24 November 1995
    ... ... to the same qualifications, is made out by the doctrine of transferred malice; 3.the fact that the foetus is not a ... ...
  • Chief Constable of Greater Manchester Police v Bailey
    • Court of Appeal (Civil Division)
    • 14 June 2017
    ... ... 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 ... ...
  • Attorney General's Reference (No. 3 of 1994)
    • House of Lords
    • 24 July 1997
    ... ... 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 ... ...
  • Liversidge v Anderson
    • House of Lords
    • 03 November 1941
    ... ... 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 ... ...
  • Bici and Another v Ministry of Defence
    • Queen's Bench Division
    • 07 April 2004
    ... ... as a consequence of the deliberate act, the doctrine of transferred malice applies and permits him to sue the defendant. In support of this ... ...
  • R (Al-Hasan) v Secretary of State for the Home Department; R (Carroll) v Same
    • Court of Appeal (Civil Division)
    • 20 July 2001
    ... ... 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 ... ...
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001
    ... ... 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 ... ...
  • R v Gnango
    • Court of Appeal (Criminal Division)
    • 26 July 2010
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