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R V Barton And Booth
''R v Barton and Booth'EWCA Crim 575] is a complex and highly significant case in English criminal law, the criminal law of England & Wales. While the crimes at issue were newsworthy as the appellants fraudulently obtained over £4m from elderly residents of the care home they operated, its significance to UK law is primarily due to settling the difficulties caused by the judgment of '' Ivey v Genting Casinos,'' and the impact this had on stare decisis. ''Ivey'' ''Ivey'' ''v Genting Casinos'' was a Supreme Court case in 2017 that considered whether dishonesty is an element of 'cheating' for the purposes of a breach of contract claim. The court decided the matter by determining that it is not. As the matter was decided on this basis, analysis of the legal test of dishonesty was unnecessary. The court nonetheless dedicated a substantial amount of the judgment to it, concluding that the test in criminal law (the '' Ghosh'' test) had diverged from the test in civil law and dire ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC) is the final court of appeal for all civil cases in the United Kingdom and all criminal cases originating in England, Wales and Northern Ireland, as well as some limited criminal cases from Scotland. Otherwise, the Court of Session is the Supreme court, supreme Civil law (common law), civil court of Scotland, and the High Court of Justiciary is the Supreme court, supreme Criminal justice, criminal court, and are collectively known as the Supreme Courts of Scotland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. Additionally the Supreme Court hears cases on Devolution in the United Kingdom, devolution matters from Scotland, Wales and Northern Ireland. As a consequence, the court must include judges from the three distinct legal systems of the United Kingdom – English law, England and Wales, Scots law, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud Act 2006
The Fraud Act 2006 (c 35) is an Act of the Parliament of the United Kingdom which affects England and Wales and Northern Ireland. It was given royal assent on 8 November 2006, and came into effect on 15 January 2007. Purpose The Act gives a statutory definition of the criminal offence of fraud, defining it in three classes - fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It provides that a person found guilty of fraud was liable to a fine or imprisonment for up to twelve months on summary conviction (six months in Northern Ireland), or a fine or imprisonment for up to ten years on conviction on indictment. This Act largely replaces the laws relating to obtaining property by deception, obtaining a pecuniary advantage and other offences that were created under the Theft Act 1978. These offences attracted much criticism for their complexity and difficulty in proving at court. Much of the Theft Act 1978 has been repealed, bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theft Act 1968
The Theft Act 1968 (c. 60) is an act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception. History The act resulted from the efforts of the Criminal Law Revision Committee to reform the English law of theft. The Larceny Act 1916 ( 6 & 7 Geo. 5. c. 50) had codified the common law, including larceny itself, but it remained a complex web of offences. The intention of the Theft Act 1968 was to replace the existing law of larceny and other deception-related offences, by a single enactment, creating a more coherent body of principles that would allow the law to evolve to meet new situations. Provisions A number of greatly simplifiedor at least less complicatedoffences were created. Section 1 – Basic definition of "theft" This section creates the offence of theft. This definition is supplemented by sections 2 to 6. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen Elizabeth II Law Courts, Liverpool
The Queen Elizabeth II Law Courts, in Derby Square, Liverpool, are operated by His Majesty's Courts and Tribunals Service. The building is used by the Crown Court, the Magistrates' Court, Liverpool District Probate Registry and the Liverpool Youth Court. History Until the mid-1980s, all Crown Court cases were heard in St George's Hall. However, as the number of court cases in Liverpool grew, it became necessary to commission a more modern courthouse for both criminal and civil matters: the site selected by the Lord Chancellor's Department had been occupied by Liverpool Castle between the 13th and 18th century. The new building was commissioned by the now-defunct Property Services Agency, who were seeking a design which expressed authority and power. Construction of the new building started in 1973. It was designed by Farmer and Dark in the brutalist style, built with vertically ribbed pre-cast concrete panels in dark, reddish tones at a cost of £43.4 million, and was offi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Pleading, Evidence And Practice''
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capacity (law)
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality). Natural persons Capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery. As an aspect of the social contract between a state and its citizens, the state adopts a role of protector to the weaker and more vulnerable members of society. In public policy terms, this is the policy of '' parens patriae''. Similarly, the state has a direct social and economic interest in promoting trade, so it will define the forms of business enterprise that may operate within its territory, and lay down rules that will allow both the businesses and those that wish to contract with them a fai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rolls-Royce Motor Cars
Rolls-Royce Motor Cars Limited is a British luxury automobile maker that has operated as a wholly owned subsidiary of BMW, BMW AG since 2003 – as the exclusive manufacturer of ''Rolls-Royce''-branded motor cars. The company's administrative and production headquarters are located on the Goodwood House, Goodwood Estate in Goodwood plant, Goodwood, West Sussex, England, United Kingdom. From 1906 to 2003, motor cars were manufactured and marketed under the ''Rolls-Royce'' brand by Rolls-Royce Limited and Rolls-Royce Motors. The Rolls-Royce Motor Cars subsidiary of BMW AG has no direct relationship to ''Rolls-Royce''-branded vehicles produced before 2003, other than having briefly supplied components and engines. The Bentley, Bentley Motors Limited subsidiary of Volkswagen AG is the direct successor to Rolls-Royce Motors and various other predecessor entities that produced Rolls-Royce and Bentley branded cars between the foundation of each company and 2003, when the BMW-con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate (law)
In common law, an estate is a living or deceased person's net worth. It is the sum of a person's assets – the legal rights, interests, and entitlements to property of any kind – less all liabilities at a given time. The issue is of special legal significance on a question of bankruptcy and death of the person. (See inheritance.) Depending on the particular context, the term is also used in reference to an estate in land or of a particular kind of property (such as real estate or personal estate). The term is also used to refer to the sum of a person's assets only. The equivalent in civil law legal systems is patrimony. Bankruptcy Under United States bankruptcy law, a person's estate consists of all assets or property of any kind available for distribution to creditors. However, some assets are recognized as exempt to allow a person significant resources to restart their financial life. In the United States, asset exemptions depend on various factors, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Southport
Southport is a seaside resort, seaside town in the Metropolitan Borough of Sefton in Merseyside, England. It lies on the West Lancashire Coastal Plain, West Lancashire coastal plain and the east coast of the Irish Sea, approximately north of Liverpool and southwest of Preston, Lancashire, Preston. At the United Kingdom Census 2021, 2021 census, Southport had a population of 94,421, making it the List of North West England cities and metropolitan areas by population, eleventh most populous settlement in North West England and the third most populous settlement in the Liverpool City Region. The town was founded in 1792 by William Sutton (Southport), William Sutton, an innkeeper from Churchtown, Merseyside, Churchtown, who built a bathing house at what is now the south end of Lord Street, Southport, Lord Street.''North Meols and Southport – a History'', Chapter 9, Peter Aughton (1988) The area was previously known as South Hawes, and was sparsely populated and dominated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ratio Decidendi
' (; Latin plural ') is a Latin phrase meaning "the reason" or "the rationale for the decision". The ''ratio decidendi'' is "the point in a case that determines the judgement" or "the principle that the case establishes".See Barron's Law Dictionary, page 385 (2d ed. 1984). ''ratio decidendi'' is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike '' obiter dicta'', the ''ratio decidendi'' is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of '' stare decisis''. Certain courts are able to overrule decisions of a court of coordinate jurisdiction. However, out of interests of judicial comity, they generally try to follow coordinate rationes. The process of determining the ''ratio decidendi' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
