R V Hinks
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R V Hinks
''R v Hinks'' House of Lords on appeal from the Court of Appeal of England and Wales. The case concerned the interpretation of the word "appropriates" in the Theft Act 1968. The relevant statute is as follows: * Section 1 provides: "(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it..." * Section 3 provides: "(1) Any assumption by a person of the rights of an owner amounts to an appropriation..." The case established that in the English law of theft, the acquisition of an indefeasible title to property is capable of amounting to an appropriation of property belonging to another for the purposes of the Theft Act 1968. Therefore, a person can appropriate property belonging to another where the other person makes him an indefeasible gift of property, retaining no proprietary interest or any right to resume or recover any proprietary interest in the property. Facts In 1996 Miss ...
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Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Lord Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, MC, and of Mary Abraham, daughter of Charles Abraham, Bishop of Derby. He was educated at Lancing and at Magdalen College, Oxford, where he took a First in Jurisprudence in 1952. He was called to the Bar at Lincoln's Inn in 1953 and took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Court of Justice and assigned to the Chancery division, receiving the customary knighthood. He was promoted as a Lord Justice of Appeal in 1983, and was of sworn of the Privy Council. From 1985 to 1991 he was Vice-Chancellor, the ''de fac ...
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Lawrence V Metropolitan Police Commissioner
''Lawrence v Commissioner of Police of the Metropolis'' (otherwise known as ''R v Lawrence'') 972AC 262 is an English criminal law case establishing that the appropriation of property — under the meaning of the Theft Act 1968 — can be consented to. The House of Lords here ruled that an appropriation of property can occur even with the consent of the owner. To this end, they commented that the drafter's intentions in leaving out consent from the offence was to relieve the prosecution of establishing a lack of consent. Facts Upon arrival at London Victoria railway station an Italian student got into a taxi driven by the defendant. The student then handed the driver a piece of paper with the destination he wished to go to. The taxi driver informed him that it was a long and expensive journey,972AC 626, at 626 and proceeded to take £6 from the student's open wallet, ostensibly to cover the fare. Unknown to the student, who was not familiar with the area, the correct fare was ju ...
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Rose LJ
Sir Christopher Dudley Roger Rose (born 10 February 1937) is a former judge of the Court of Appeal of England and Wales and a member of the Privy Council of the United Kingdom. Education Christopher Rose was educated at Morecambe Grammar School (1947—1950), a former state grammar school, in the seaside town of Morecambe, in Lancashire, and Repton School (1950—1954), a boarding independent school for boys, in the village of Repton, in Derbyshire, followed by the University of Leeds (1954—1957), from which he obtained a degree in Law and Wadham College at the University of Oxford, from which he graduated as Bachelor of Civil Law (BCL), in 1959. He has acted as an Honorary Fellow at Wadham College since 1993. Life and career Rose became Vice-President of the Criminal Division of the Court of Appeal in 1997. In 2002 he was Treasurer of Middle Temple Inn. On 24 April 2006 he retired, and soon afterwards he was appointed Chief Surveillance Commissioner, a post which he h ...
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Defense (legal)
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Ownership
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership is self-propagating in that the owner of any property will also own the economic benefits of that ...
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Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ...
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Deposit Account
A deposit account is a bank account maintained by a financial institution in which a customer can deposit and withdraw money. Deposit accounts can be savings accounts, current accounts or any of several other types of accounts explained below. Transactions on deposit accounts are recorded in a bank's books, and the resulting balance is recorded as a liability of the bank and represents an amount owed by the bank to the customer. In other words, the banker-customer (depositor) relationship is one of debtor-creditor. Some banks charge fees for transactions on a customer's account. Additionally, some banks pay customers interest on their account balances. Types of accounts * How banking works In banking, the verbs "deposit" and "withdraw" mean a customer paying money into, and taking money out of, an account, respectively. From a legal and financial accounting standpoint, the noun "deposit" is used by the banking industry in financial statements to describe the liability owed b ...
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Building Society
A building society is a financial institution owned by its members as a mutual organization. Building societies offer banking and related financial services, especially savings and mortgage lending. Building societies exist in the United Kingdom, Australia and New Zealand, and used to exist in Ireland and several Commonwealth countries. They are similar to credit unions in organisation, though few enforce a common bond. However, rather than promoting thrift and offering unsecured and business loans, the purpose of a building society is to provide home mortgages to members. Borrowers and depositors are society members, setting policy and appointing directors on a one-member, one-vote basis. Building societies often provide other retail banking services, such as current accounts, credit cards and personal loans. The term "building society" first arose in the 19th century in Great Britain from cooperative savings groups. In the United Kingdom, building societies actively compete ...
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Care Of Residents
Residential care refers to long-term care given to adults or children who stay in a residential setting rather than in their own home or family home. There are various residential care options available, depending on the needs of the individual. People with disabilities, mental health problems, learning difficulties, Alzheimer's disease, dementia or who are frail aged are often cared for at home by paid or voluntary caregivers, such as family and friends, with additional support from home care agencies. However, if home-based care is not available or not appropriate for the individual, residential care may be required. Child care Children may be removed from abusive or unfit homes by government action, or they may be placed in various types of out-of-home care by parents who are unable to care for them or their special needs. In most jurisdictions the child is removed from the home only as a last resort, for their own safety and well-being or the safety or others, since out-of-h ...
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