All whales taken within the territorial waters1 of the kingdom or stranded on the shore are treated as 'royal fish'2 and belong to the Sovereign in right of the Crown except when taken in places where the Crown has granted out its right in this respect, in which case they belong to the Crown's grantees; the captors of whales within the limits of the territorial waters do not acquire any property in them
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Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
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