If a civilian subject to service discipline1 who is under the age of 18 and who has a service parent or service guardian2 is convicted of an offence by the Court Martial or the Service Civilian Court, the court may, with the consent of the offender's service parent or service guardian, order that parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control3 over him4, and if the service parent or service guardian refuses consent and the court considers the refusal unreasonable, to order that parent or guardian to pay
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
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