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LPC Legal Drafting - How to draft a letter for your supervising solicitor
LPC Study Guides
Law Teacher guide to legal letter drafting - how to draft an LPC letter...
Advising at the Police Station | LPC Help
LPC Study Guides
Advising at the Police Station - The most important aspect to remember about police station attendance is to keep a thorough contemporaneous not of the process including all representations made by you, your client, the police or CPS....
Confession Evidence | LPC Help
LPC Study Guides
Confession Evidence - It is important that you request a copy of any police interview tape and written transcript....
R v King
Case Summaries
The defendant had remarried while his previous marriage was still valid. He was prosecuted for bigamy contrary to section 57 of the Offences Against the Person Act 1861...
Law for Business
Essay: Civil Law
Stuart Pendlebury who just turned 90 years old was gifted an electric blanket from his grandchildren. The blanket caused him burns on his legs and damages to his bed and room décor extensively....
Case Law on Duress by Threats
Case Summaries
Duress by Threats. The general nature of the defence of duress is that the defendant was forced by someone else to break the law under an immediate threat of serious harm befalling himself or someone else, ie he would not have committed the offence but for the threat. Duress is a defence because.....
Malone v Laskey - 1907
Case Summaries
The claimant lived in a house belonging to her husband’s employer. The claimant’s husband was a tenant, and she had a license to live at the property. Whilst using the lavatory, the cistern was dislodged by vibrations caused by the next-door neighbour’s electricity generator, which fell on her causing her injuries....
McCutheon v David MacBrayne Ltd - 1964
Case Summaries
McCutheon delivered his car to the defendant shipping company for carriage from the Hebrides to the mainland. The car was destroyed when the ship sank because of the company’s negligence. ...
R v Hennessy - 1989
Case Summaries
Diabetes and defences – automatism or insanity in hyperglycaemic cases. The appellant (a diabetic) was apprehended while driving a stolen car. He later collapsed at the police station it became apparent that he was having a diabetic episode....
R v Sullivan [1984] AC 156
Case Summaries
The defendant, a psychomotor epilepsy sufferer, had an epileptic seizure during which he kicked the victim in the head violently. He was charged with causing Grievous Bodily Harm contrary to sections 18 and 20 of the Offences Against the Person Act 1861...
R v Dawson - 1985
Case Summaries
The defendant approached a petrol station manned by a 50 year old male. The defendants attempted a robbery with an imitation gun and a pick-axe handle. The defendants demanded money but did not touch the attendant who pressed the alarm button and the defendants ran away without obtaining any cash....
R v Franklin - 1883
Case Summaries
Mr Franklin took up a larger box from Brighton Pier and threw it into the sea. The victim was swimming underneath in the sea at the time and was struck by the box and died....
George Mitchell v Finney Lock Seeds - 1983
Case Summaries
The Claimant (George Mitchell) and the Defendant (Finney Lock Seeds Ltd) entered into an agreement where the Defendant would supply the Claimant with 30lb of Dutch winter cabbage seed....
Thompson v London, Midland and Scottish Railway
Case Summaries
Thompson was unable to read and she travelled on a train with her daughter and niece. On the back of her ticket it was printed that the tickets were issued subject to the terms outlined in the company’s time tables. ...
Co-operative Insurance v Argyll Stores
Case Summaries
The plaintiffs granted a lease to the defendant for the use of a unit in a shopping centre for the period of thirty-five years. A clause in the lease required a covenant to keep the premises open for trade during regular business hours in the local area....
Mullin v Richards 1998
Case Summaries
The defendant was a 15-year-old girl who play-fought with rulers with another 15-year-old girl (the claimant). In the course of the game, the defendant’s ruler snapped, causing a splinter to hit the claimant in the eye, blinding her....
Granatino v Radmacher
Case Summaries
A French investment banker married a very wealthy German national. Prior to the marriage, at the request of the wife’s family, an anti-nuptial agreement was signed by both parties....
Barry v Davies - 2000
Case Summaries
Two brand new engine analyser machines owned by Customs and Exise were put up for auction by the defendant auctioneer. Each could be procured from the manufacturer for £14,521 but despite this were listed without a reserve price....
Shanklin Pier v Detel Products - 1951
Case Summaries
The Plaintiffs were owners of a pier in Shanklin on the Isle of Wight. They entered into a contract with contractors to have the pier repaired and painted. Under the contract the plaintiff had the express right to alter the contract....
Scriven Bros v Hindley - 1913 3 KB 564
Case Summaries
The complainants, Scriven Bros and Co, instructed an auctioneer to sell large bales of tow and hemp on behalf of them at an auction. The bales looked rather similar in the way they were packaged and the samples that were on display to potential bidders were not easily distinguishable....
Canada Steamship Lines v The King
Case Summaries
Canada Steamship Lines entered into a Crown lease in 1940. The Duration of the lease was for 12 years and the lease pertained to dock property on St Gabriel Basin on the Lachine Canal. All of this was situated in the Port of Montreal....
Kaitamaki v R
Case Summaries
The defendant was convicted of breaking into the victim’s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting....
Pearce v Brooks - Summary
Case Summaries
The defendant was a prostitute who hired a carriage from the plaintiff, who was a coachbuilder, on hire purchase terms to be paid for in instalments. She wanted the carriage to attract customers. ...
Rickards v Lothian - 1913
Case Summaries
Natural versus non-natural use of land, domestic water supply, malicious act of third party. The claimant rented premises on the second floor of a building which was used for commercial purposes and ran a business from the premises he was renting....
McKew v Holland - 1969
Case Summaries
In the course of his employment, the complainant had suffered injuries, which meant his left leg could give way underneath him. A few days after the incident and while in his recovery, the complainant tried to come down a set of steep steps, which did not have a handrail....
Revill v Newbery - 1996
Case Summaries
William Newbery (N) slept in a shed on his allotment to protect his property at night. Mark Revill (R) and his accomplice Grainger (G) trespassed onto the allotment and attempted to break into the shed....
May and Butcher Ltd v The King
Case Summaries
After the end of the First World War, the Government had a surplus of tents which were no longer required by the army. As a result, the Government’s disposal’s board was set up to sell these tents. They agreed to sell tents to May and Butcher Ltd who left £1,000 as a security deposit for their purchases. ...
R v Williams and Davies - 1992
Case Summaries
The defendants picked up a hitchhiker who was on his way to Glastonbury festival. The defendants then attempted to rob the victim who became agitated and afraid and in this mental state jumped out of the moving vehicle which was travelling at 30 mph. ...
Murray v Ministry of Defence - 1988
Case Summaries
Margaret Murray, M, was a suspect of aiding IRA, a prohibited organisation in Northern Ireland. D and five soldiers arrived at M’s house to arrest M at 7a. D ascertained M’s identity, assembled all the occupants of the house in one room, and searched the house....
Tsakiroglou & Co Ltd v Noblee Thorl
Case Summaries
The appellants agreed to sell to the respondents Sudanese groundnuts for shipment to Hamburg during November/December 1956. The agreement included a CIF (cost, insurance and freight) term (requiring the seller to arrange the carriage of the goods by sea to Hamburg....
Marc Rich v Bishop Rock
Case Summaries
During a voyage a ship developed a crack in its hull. The ships owners requested its classification society to inspect the damage. An employee of the classification society advised that the ship should be put into dry dock in order for repairs to be carried out....
Antonaides v Villiers [1990]
Case Summaries
Occupiers signed agreement expressly stated to be a license; whether agreement a sham. Mr Villiers and his partner signed separate but identical agreements to occupy a one bedroom flat owned by Mr Antonaides, where they would live as husband and wife....
Hollywood Silver Fox Farm v Emmett
Case Summaries
The claimant bred silver foxes for their fur. The foxes are, by their nature, of a timid disposition and are easily scared. When they are scared they are liable to miscarry. The defendant was a farmer and animal rights activist who owned land adjoining to the fox farm....
R v G 2004 - Recklessness
Case Summaries
The test for recklessness after MPC v Caldwell. The two appellants were boys aged 11 and 12 respectively. They went camping at night unsupervised (and in fact without parental permission). In the early hours of the night they entered the back yard of a Co-Op shop and found old newspapers....
R v Lowe - 1973
Case Summaries
The connection between “wilful neglect” under s.1(1) of the Children and Young Persons Act 1933 and manslaughter by negligence. Mr Lowe, of low intelligence, did not call a doctor to his sick infant child. The child died from dehydration and gross emaciation....
Dubai Aluminium v Salaam
Case Summaries
A solicitor firm’s vicarious liability for a partner’s dishonest assistance to a client. The senior partner of a firm drafted a consultancy agreement and other requisite documentation for a client’s fraudulent enterprise....
Patel v Mirza [2016]
Case Summaries
Resulting trusts and illegality; insider dealing and unjust enrichment. Patel had given Mirza £620,000 to bet on shares in a company using inside information. The agreement between them amounted to a conspiracy to commit the offence of insider dealing contrary to s53 Criminal Justice Act 1993....
Yanner v Eaton [1999]
Case Summaries
The appellant was an indigenous hunter who killed two animals in a creek for his own consumption. He was later charged with taking ‘fauna’ from the area without a license, contrary to statute....
Knightley v Johns - 1982
Case Summaries
Mr Johns was driving negligently and this resulted in a crash where his car overturned near the exit of a tunnel. Due to the crash, two police officers attended the scene....
Smith v Littlewoods - [1987]
Case Summaries
The defendant purchased a disused cinema with the intention of turning it into a supermarket. Five weeks after the defendant entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged....
Kepong Prospecting v Schmidt
Case Summaries
T agreed with Schmidt in writing, that in consideration for Schmidt’s assistance to obtain a permit and start mining operations, T would pay Schmidt 1% of the price that all ore from the land was sold at. A year later, KP (the plaintiff) agreed to work the land and undertake T’s agreement to Schmidt....
Cork v Kirby Maclean
Case Summaries
The claimant was a factory worker who died when he had an epileptic seizure while working on a platform with no railings over 20 feet above the ground. His employers were not aware of his condition....
Manchester Diocesan v Commercial
Case Summaries
The complainants, Manchester Diocesan Council of Education, called for tenders relating to property. The defendant, Commercial and General Investments Ltd, submitted a tender offer to buy the property from the complainants....
Lister v Romford Ice - 1957
Case Summaries
The defendant was a lorry driver who was employed by the plaintiffs to drive their lorry to a slaughterhouse in order to collect waste. The driver took his father with him for the journey and during the course of which, the son reversed the lorry into the father, causing injury....
R v Hasan [2005] 2 AC 467
Case Summaries
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....
Attorney-General v De Keyser's Royal Hotel
Case Summaries
The claimants, De Keyser’s Royal Hotel, were the owners of a London Hotel that had been used by some members of the armed forces in World War One, and they thus sought reasonable compensation for this occupation under the Defence Act 1842....
R (Anderson) v Secretary of State
Case Summaries
Prisoners; mandatory life sentence; right to hearing. Anderson received mandatory life sentences after having been convicted of two murders. The Secretary of State set a longer than recommended period for Anderson’s release on licence....
R v Dalloway 1847
Case Summaries
Dalloway was standing on a horse and cart as it drove along a public road. Dalloway was not holding on to the reins as they were resting on the horse’s back. During his journey, a small child ran out in to the road in front of the cart and was killed by one of the wheels as it moved along....
R v Konzani
Case Summaries
Feston Konzani was charged with three counts of inflicting grievous bodily harm contrary to s 20 of the Offences against the Person Act 1861. Konzani was HIV positive and aware of his condition. ...
Burns v Burns
Case Summaries
The complainant, Valerie Burns, had been in a relationship and lived with the defendant, Patrick Burns, for 19 years. Despite taking his name, the couple were not married....
Chester v Afshar - 2004
Case Summaries
Establishing causation following consent to medical treatment and subsequent injury. The claimant Chester, had managed with bad back pain for several years, which severely limited her ability to walk around and interfered with her ability to control her bladder....
Interfoto v Stiletto
Case Summaries
Stiletto Visual Programmes (SVP) ordered 47 photographic transparencies from Interfoto Picture Library (IPL). On the delivery note was a clause stating that transparencies should be returned within 14 days of delivery. ...
Francovich v. Italy [1991]
Case Summaries
One of the defining and controversial characteristics of the European Union has been the supranational nature of its institutions and laws. European laws can take the form of primary laws, which consists of the intergovernmental treaties, and secondary laws in the form of regulations, directives and decisions which are passed by the Commission....
Atlas Express v Kafco
Case Summaries
The Kafco imported basket ware and entered a contract with Atlas to sell and deliver baskets to Atlas retail stores. Atlas tried to negotiate a further term in the contract for a minimum order of £440 per trailer load. ...
Bruton v London & Quadrant Housing Trust
Case Summaries
The defendant was a voluntary housing trust that focussed on homelessness. The local authority had granted the trust a licence to use short-life properties as temporary accommodation for homeless people who were on the waiting list for a home, before these properties were later developed...
Financings Ltd v Stimson - 1962
Case Summaries
The case regarded a hire purchase transaction, in which the dealer was an agent of the finance company. The hirer paid a deposit of £70 to a dealer and agreed to purchase a motor car from the plaintiff, a finance company, for £414....
Beard v London General Omnibus
Case Summaries
Employer’s vicarious liability for an employee’s negligent act outside his scope of employment.The conductor of an omnibus drove the omnibus through side streets, outside of the bus route, at a fast pace in the absence of the bus driver. In doing so, he negligently hit and injured a man....
R v Quick [1973] QB 910
Case Summaries
The appellant (a nurse at a hospital) was a diabetic who suffered from hypoglycaemia (low blood sugar). He had taken insulin in the morning for his condition but had not eaten much during the day and had imbibed alcohol....
Sumpter v Hedges - 1898
Case Summaries
A builder contracted to build two houses and stables for the lump sum of £565. The builder only completed part of the work, after which he abandoned the contract. The completed works amounted to a value of £333....
R v Turner (No 2) - 1971
Case Summaries
Theft of a car which was in the possession and control of a garage. The Defendant (T) took his car to a garage for repairs. The repairs were completed by the garage and the car was left outside the garage on the road....
Soering v UK
Case Summaries
Soering v United Kingdom (1989) concerns Articles 3, 6 and 13 of the European Convention on Human Rights (ECHR) 1950 and the potential extradition to the USA by the UK of a West German national to face trial in Virginia, USA on a murder charge....
R v Instan - 1893
Case Summaries
Instan was cared for and maintained by her seventy-three-year-old aunt who was the deceased in this case. The deceased was healthy until shortly before her death before she contracted gangrene in her leg which prevented her from moving and caring for herself....
Froom v Butcher - 1976
Case Summaries
The plaintiff was not wearing a seatbelt whilst driving because he did not like seatbelts and because he had seen drivers being trapped after a crash because they wore a seatbelt. After a crash, the plaintiff suffered head and chest injuries and a broken finger....
RTS Flexible Systems Ltd v Molkerei
Case Summaries
The claimant was a supplier of automated machines and agreed to manufacture an automated system in the defendant’s factory. Work began on the basis of a letter of intent with a long form contract to follow. ...
R v Malcherek and Steel
Case Summaries
Malcherek stabbed his wife in the abdomen. She was treated for the wound and a few days later she collapsed in hospital. She subsequently had surgery to remove a blood clot during which her heart stopped beating for thirty minutes before it was restarted by the doctors again....
Miller v Miller: McFarlane v McFarlane
Case Summaries
Miller v Miller: McFarlane v McFarlane is a conjoined appeal case regarding financial provision offered in circumstances of divorce. The law with regards to financial provision has undergone extensive developments in order to accommodate cultural changes...
Buckinghamshire County Council v Moran
Case Summaries
In 1955 the claimant (C) acquired a plot of land with a view to building a road diversion. The land was left vacant for many years. The roadside of the plot was fenced but there was no fence between the garden of a house owned by the defendant’s predecessor....
Heilbut, Symons & Co v Buckleton - 1913
Case Summaries
The defendants, Heilbut et al, were merchants during the rubber trade boom of the 1910’s who claimed to underwrite shares in a rubber trading corporation (‘Filisola Rubber and Produce Estates Ltd’)....
Haley v London Electricity Board - 1965
Case Summaries
The defendant’s employees dug a hole in a pavement. When they left the area on their break, they realised that they had not been provided with the necessary materials to fence off the area. ...
R v Allen
Case Summaries
Mr Allen consumed homemade wine that unknowingly to him was much stronger than he initially thought. As such, it had a much stronger effect on him than he anticipated....
Luxor v Cooper - 1941
Case Summaries
Luxor v Cooper assessed the agents right to remuneration where they have conducted work on behalf of the principal and there is either no formal contract or the contract is silent as to the level of remuneration to be paid....
Prudential Assurance v London Residuary Body
Case Summaries
Landlord and tenant; whether land held on yearly tenancy; whether agreement terminable by successor. A strip of land adjacent to a highway was sold to the council. The council leased the land back to the seller and the agreement stated the grant was to last until the council required the land for road widening purposes....
Parker v Clark - 1960
Case Summaries
The Clarks were an elderly married couple. Mrs Parker was Mrs Clark’s niece, and Mr Clark suggested she and her husband move into their home with them. Mr Parker supported the idea but expressed concern that it would mean their selling their own house....
Stovin v Wise - 1996
Case Summaries
The availability of a private law claim in negligence in respect of a failure of a local authority to comply with a public law discretion. A local authority was aware that a bank of land was obstructing the view at a junction where three accidents had occurred in the previous twelve years....
Sweet v Parsley - 1970
Case Summaries
The appellant, Stephanie Sweet (S), was a sub-tenant of a farmhouse, where cannabis resin was found. S no longer lived in the house and had let out several rooms to tenants. She did retain a room but only returned occasionally to collect letters and rent....
Lloyds Bank v Bundy - 1975
Case Summaries
Mr Bundy was elderly farmer. He and his son were long-time customers at Lloyds Bank – the son’s company also banked there. Lloyds guaranteed the company’s overdraft and charged the farm as security....
Cassidy v Daily Mirror Newspapers
Case Summaries
Libel; husband and wife; statement for per se defamatory. The claimant was known as the lawfully wedded wife of a famous race-horse owner and former General of the Mexican Army....
Burmah Oil v Lord Advocate
Case Summaries
The claimant, Burmah Oil Company, brought proceedings against the UK government (who were represented in the case by the Lord Advocate) seeking compensation for the destruction of oil fields in Burma by British forces in 1942 (during the Second World War). ...
Kleinwort Benson v Malaysian Mining Corp
Case Summaries
Intention to create legal relations in the formation of contracts. A company incorporated in Malaysia, acquired a cash loan from merchant bankers for the purposes of funding its subsidiary trading company in London....
Williams & Glyn's Bank Ltd v Boland
Case Summaries
The equitable interest of spouses in occupation of a matrimonial home. The appeal concerned two consolidated cases. In a matrimonial home, each wife contributed to home’s purchase monies and mortgage instalments, rendering each tenant in common in equity to the extent of their financial contribution....
National Carriers Ltd v Panalpina (Northern) Ltd
Case Summaries
Lease of warehouse; local authority closed access road; whether lease frustrated. National Carriers Ltd (NCL) granted Panalpina a 10-year lease of a warehouse. The sole means of accessing the warehouse was via a road which was closed by the local authority for 20 months....
Glasbrook v Glamorgan CC 1925
Case Summaries
During a strike at a colliery the colliery manager asked for additional police protection for the colliery and insisted he required police officers to be stationed on the premises....
Re Casey's Patents - 1892
Case Summaries
The defendant, Casey, managed some patents owned by the plaintiffs, Stewart and Charlton. The plaintiffs later signed a document that read: ‘In consideration of your services… we hereby agree to give you one-third share of the patents’....
R v Clarke 1972
Case Summaries
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 Hinks - 2000
Case Summaries
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....
F v West Berkshire Health Authority
Case Summaries
Declaration of legality, performing operation on patient incapable of giving consent. The case concerned a 36 year old woman who however had the mental age of a minor. ...
Hill v Tupper
Case Summaries
The plaintiff, Hill, was granted a lease of land on the side of the Basingstoke Canal by the canal company. The lease also gave the plaintiff the sole and exclusive right to put pleasure boats for hire on that stretch of the canal....
Pettitt v Pettitt
Case Summaries
The equitable interest of a spouse in a matrimonial home.. A woman purchased a matrimonial home for herself and her husband to live in out of her own sums and conveyed the home into her name....
Baker v Willoughby - 1970
Case Summaries
The complainant, Mr Baker, was a pedestrian who had been knocked down by the defendant driving a car in September 1964. The negligent driving by the defendant caused serious injury to his left leg, which left him with mobility problems and unable to work in the labour market as he did before...
Haystead v DPP
Case Summaries
A man punched a woman twice in the face while she was holding her child in her arms. As a direct result of the two punches, the child fell from the women’s arms and hit his head on the floor. ...
Ashburn Anstalt v Arnold
Case Summaries
The defendant was the successor-in-title to a company which persuaded the claimant to sell his lease to the company in exchange for a promise that he would continue occupying the property rent-free until the defendant gave him one quarter’s notice to leave....
Malone v MPC - 1979
Case Summaries
Malone (M) was charged with handling stolen property. During the Crown Court prosecution of M, the prosecution admitted that the Post Office (P) had intercepted M’s telephone conversations under the authority of the Secretary of State for use by the police....
R v Slingsby - 1995
Case Summaries
The defendant, Simon Slingsby, penetrated the complainant’s vagina and rectum with his fingers, accidentally cutting her with the signet ring he was wearing. The complainant did not notice the internal cuts, which later became infected, causing the complainant to develop septicaemia and die....
M v Home Office [1994] 1 AC 377
Case Summaries
Asylum; judicial review; contempt. M was a citizen of Zaire (now Democratic Republic of the Congo) who arrived in the UK seeking asylum. His repeated applications were rejected, as were his applications for judicial review....
Walker v Northumberland County Council
Case Summaries
Employer’s duty to provide safe system of work; whether duty extends to risk of psychiatric illness. Mr Walker was a social worker employed by the defendant who had a heavy, emotionally demanding caseload and suffered a mental breakdown in 1986....
Douglas v Hello Ltd
Case Summaries
The Douglases were a celebrity couple who sold exclusive photography rights of their wedding to OK! Magazine. An unauthorised freelance photographer gained access to the wedding and sold pictures to Hello! Magazine, a rival competitor....
R v Golds
Case Summaries
Golds admitted to killing his partner and prior to the killing he had sexually assaulted her. The question for the jury was whether he was guilty of murder or manslaughter by virtue of diminished responsibility under s. 2(1) Homicide Act 1957. ...
New Zealand Shipping v Satterthwaite - 1975
Case Summaries
When performance of an existing duty to third party can be consideration. The appellants were stevedores engaged as independent contractors to unload machinery from a ship. The contract between the respondent machinery owners and the carriers contained a limitation clause....
Shadwell v Shadwell
Case Summaries
Performance of a duty imposed by a contract with a Third Party. The defendant was the plaintiff’s uncle. The uncle promised to pay his nephew £150 a year until the nephew’s income reached 600 guineas provided the nephew married his fiancée....
Attorney-General v Jonathan Cape Ltd
Case Summaries
A Cabinet minister kept a diary of Cabinet discussions and events with the intention to once publish the contents in a book. After the minister’s death, volume one of the book (Diaries of a Cabinet Minister) was sent for approval to and rejected by the Secretary of the Cabinet....