LawTeacher

LawTeacher
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Articles Published

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Articles by LawTeacher

Summit Investment v BSC – 1987

Article. Published: March 7, 2018

The defendants chartered a ship from the plaintiff on a New York Produce Exchange form of time charter. Clause 20 of this charter provided……

Smith v Superintendent of Woking Police

Article. Published: March 7, 2018

The defendant entered the grounds of a private enclosed garden at 11 pm. He stood and looked through the window of Miss M’s bedroom. Miss M saw the defendant staring at her through the window while she was in her night closes, causing her to jump and scream in fright….

Stewart Gill Ltd v Horatio Myer – Case Summary

Article. Published: March 7, 2018

The Claimant and Defendant had a contract under which the Defendant purchased an overhead conveyor system from the Claimant….

Salomon v Salomon – Case Summary

Article. Published: March 7, 2018

A Case Summary of Salomon v A Salomon and Co Ltd [1897] AC 22 (Salomon v Salomon) – Separate Legal Personality (SLP) is the basic tenet on which company law is premised. …

St Albans City and District Council v International Computers

Article. Published: March 7, 2018

The appellant was the defendant company which had supplied computer software to the respondent, and for which the respondent had been awarded £1.3 million….

Stevenson, Jordan Harrison Ltd v MacDonald & Evans

Article. Published: March 7, 2018

Definition of an employee under a ‘contract of service’ for the purposes of determining the copyright of a work. An engineer wrote a book that used knowledge that he acquired whilst he was working for a firm in different capacities….

Sturges v Bridgman – 1879

Article. Published: March 7, 2018

The claimant, a doctor, moved house and on the premises, he bought and built a shed in his garden to carry out his private practice within.  His shed was on the boundary of the property and happened to be next door to a confectioner….

R v Dudley and Stephens – 1884

Article. Published: March 7, 2018

The availability to the defence of necessity for murder. The two defendants and a boy between the ages of seventeen and eighteen were cast away in an open boat at sea following a storm….

R v Flatt

Article. Published: March 7, 2018

Flatt had a drug addiction and fell in debt to his supplier to the value of £1,500. The supplier had told the appellant to take possession of some drugs……

R v JF Alford Transport

Article. Published: March 7, 2018

The first defendant was a lorry operator transport company; the second defendant was its managing director while the third was the……

R v M (J) and Another – 2012

Article. Published: March 7, 2018

JM and SM had been involved in a fight with a few doormen in a nightclub. One of the doormen, who had no signs of health problems, had a renal artery aneurysm and died. JM and SM were charged with affray and manslaughter caused by an unlawful act (affray being the unlawful act). …

R v Olugboja

Article. Published: March 7, 2018

The defendant and the co-accused met the complainant and her friend at a discotheque and offered to take them home. However, the defendant……

R v Bree 2007

Article. Published: March 7, 2018

The defendant, Bree (B), visited his brother at University and went for an evening out with him and others, including the complainant (C). Both B and C consumed considerable quantities of alcohol, before returning to B’s brother’s home…

R v Ghosh – 1982

Article. Published: March 7, 2018

Meaning of dishonesty under the Theft Act 1968. The defendant, Ghosh, was a locum consultant at a hospital who falsely claimed to have carried out a surgical operation in order to claim money when in fact that operation had been carried out by someone else under the NHS…

R v Hasan [2005] 2 AC 467

Article. Published: March 7, 2018

Criminal law – Defence of Duress – Association with known criminal – Whether statement was a confession. Hasan was charged with the crime of aggravated burglary. He was associated with a gang and relied on the defence of duress….

R v H – 2005

Article. Published: March 7, 2018

The defendant propositioned the victim sexually and attempted to pull her towards him and place a hand over her mouth by grabbing at the pocket of her tracksuit….

R v Parker – 1977

Article. Published: March 7, 2018

The appellant had tried (and failed) to place a telephone call in a street telephone booth. This infuriated him and in a rage……

R v Clarke – 2009

Article. Published: March 7, 2018

Clarke suffered from type 1 Diabetes and had a Hypoglycaemic attack at the wheel of his vehicle, causing him to hit two pedestrians……

R v Secretary of State for Foreign Affairs

Article. Published: March 7, 2018

The claimant, Lord Rees-Mog, was a noted journalist and life peer of the House of Lords, who sought judicial review on the……

R v Secretary of State for Transport, ex parte Factortame

Article. Published: March 7, 2018

Reaffirmed the supremacy of European Community law over the domestic laws of a Member State in the event of conflict. New British legislation required that to register a ship in Britain, most of its owners to be of British nationality….

R v Martin – 2001

Article. Published: March 7, 2018

Martin had shot two people that were trying to burgle his home. He killed one of them and wounded the other. At the initial trial, Martin attempted to claim self-defence but was unsuccessful….

R v Sharp 1857

Article. Published: March 7, 2018

The defendant was accused of breaking and entering a burial ground and removing the remains of his mother who was buried there. He did this under…….

R v Jackson – 1985

Article. Published: March 7, 2018

Four members of a gang agreed to shoot a friend of theirs in the leg. He was on trial for burglary and it was hoped by the gang members that being shot in……

R v Shepherd – 1988

Article. Published: March 7, 2018

The defendant entered a shop with a view to stealing boxes of goods from it. When charged with burglary, the defendant raised the defence……

R (Al Rawi and others) v Secretary of State for Foreign and Commonwealth Affairs

Article. Published: March 7, 2018

The first three claimants were imprisoned in Guantanamo Bay. Having been previously resident in the UK, they held indefinite leaves to remain……

R v Foreign Secretary (Gentle)

Article. Published: March 7, 2018

The claimants were the mothers of two British servicemen killed serving in Iraq. Inquests were to be held into the circumstances of their deaths……

R v Hale – 1978

Article. Published: March 7, 2018

Robbery under Section 8(1) Theft Act 1968, actus reus, immediately before or at the time of stealing using force on any person. Two defendants entered the victim’s house and stole her jewellery box from her bedroom. …

R v Stone and Dobinson – 1977

Article. Published: March 7, 2018

Regarding the issue of negligence, the Court of Appeal held that in order to ground a conviction for manslaughter the defendants must have been ‘grossly negligent’ in respect of their breach of duty. …

R v Chan Wing-Siu

Article. Published: March 7, 2018

On May 31st 1980, the Appellant along with two others, in Kowloon, entered the premises of the two victims (a husband and wife) in order to collect a debt….

R v Heard [2008] QB 43

Article. Published: March 7, 2018

The police had been called to the defendant’s house; he had been self-harming at the time, appearing depressive and emotional, as well as……

R v Crutchley

Article. Published: March 7, 2018

Ann Crutchley (AC) strangled her newborn baby. The two surgeons testifying in the case stated that the strangling had taken place before……

R v Kingston – 1994

Article. Published: March 7, 2018

Barry Kingston was involuntarily drugged by a friend. While Kingston was intoxicated, his friend encouraged him to perform sexual acts on a 15 year old boy. The incident had been a set up by his friend. Kingston was convicted of indecent assault….

R v Roberts – 1971

Article. Published: March 7, 2018

After a party the male defendant R, gave the female victim a lift in his automobile.  The victim and the defendant had not met before.  The defendant began making sexual advances towards the victim which were rejected before attempting to pull off her coat. …

R v Khan [1990] 2 All ER 783

Article. Published: March 7, 2018

Four men, Mohammed Iqbal Khan, Mahesh Dhokia, Jaswinder Singh Banga and Navaid Faiz (A) were charged with the attempted rape of a……

R v Dowds – 2012

Article. Published: March 7, 2018

The defendant, Dowds (D), killed his partner with a knife by inflicting 60 wounds on her. He sought to rely on the partial defence of……

R v Campbell – 1991

Article. Published: March 7, 2018

Tony Campbell (C) arrested after loitering outside a post office, wearing sunglasses and carrying something heavy, after police had……

R v Stephenson – 1979

Article. Published: March 7, 2018

The appellant attempted to sleep in a hollow which he had made in a haystack. Because he was cold, he started a fire in that hollow….

R v Sangha

Article. Published: March 7, 2018

A flat in which squatters occupied, had two armchairs and a mattress which Sangha set fire to whilst the flat was unoccupied….

Fitzroy George v SSHD – Case Summary

Article. Published: March 7, 2018

The Supreme Court in this case were asked to determine the immigration status of a man who had been subject to a deportation order, but where the immigration judge had decided that he could not actually be deported as it would breach his Article 8 ECHR rights to respect for family life….

R v Hinks – 2000

Article. Published: March 7, 2018

Unlawful appropriation of “gifted” money under the Theft Act 1968. The defendant (H) was a carer for a man of limited intelligence (D). H persuaded D to make a series of payments to her from his bank account which she contended were gifts. H was charged with theft….

R v Pembliton

Article. Published: March 7, 2018

The defendant was ejected from a pub and became engaged in a physical altercation in the street. This escalated until he threw a large stone at his……

R v Clarke 1972

Article. Published: March 7, 2018

Availability of insanity defence for depression and temporary absent mindedness. The defendant was apprehended for shoplifting after she placed certain items (including a jar of coffee, a jar of mincemeat and butter) into her handbag….

R v Jheeta – 2007

Article. Published: March 7, 2018

The defendant and the victim were in a consensual sexual relationship. The defendant began sending anonymous threatening messages to the victim……

R v George – 1956

Article. Published: March 7, 2018

The defendant had a foot fetish, and on two occasions attempted to remove shoes off the feet of young girls without their consent for the……

R v Conway – 1989

Article. Published: March 7, 2018

Conway was arrested for driving recklessly in contradiction of the Road Traffic Act 1972, section 2. Conway had driven away from plain-clothed police officers in a reckless manner. …

R v Rimmington and R v Goldstein

Article. Published: March 7, 2018

Rimmington sent hundreds of letters containing racial offensive material to several people. Goldstein sent some salt and a cheque in repayment of a debt to a friend; he intended the inclusion of salt to be a joke but a post worker mistook it for anthrax…

R v Cooper; R v Schaub

Article. Published: March 7, 2018

The defendants met the victim at a bar and asked her to show them where the nightclubs were in the area. The victim ultimately……

R v Pittwood – 1902

Article. Published: March 7, 2018

The defendant was employed by a railway company to operate the gate at a level crossing across the track. He lifted the gate to allow a cart to pass across, but then failed to put it back down before going for his lunch break….

R v Brown 2011

Article. Published: March 7, 2018

The appellant, Brown was married to the victim and they had two children. The couple was undergoing a divorce. Brown had contact with the……

R v SS Home Department, ex parte Fire Brigades Union

Article. Published: March 7, 2018

A House of Lords case concerning how compensation is awarded under the Criminal Injuries Compensation Scheme. The case is considered a very important ruling on the extent of the Ministerial prerogative powers….