The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The issue for the court in R v Okedare was whether it was prepared to entertain applications for leave from those whose whereabouts were unknown. These particular cases had been referred by the Registrar because a conflict of authority had developed between the approach adopted in different cases, and guidance was needed.
In R v Jones, the Court of Appeal ruled that the defendant's Crown Court trial had not been unfair and, by his conduct, he had waived his right to be present and represented at his trial. However, the Court of Appeal certified that a question of general public importance was involved in its decision, namely whether the Crown Court could conduct a trial in the absence of the defendant, from its commencement. The grounds of appeal to the House of Lords were that to begin a trial in the defendant's absence was inconsistent with the jurisprudence of the European Court of Human Rights (ECtHR), or was contrary to principle, or was likely, in practice, to produce injustice.
The House of Lords held that where a defendant of full age and sound mind, with full knowledge of a forthcoming trial, voluntarily absented himself, there was no reason in principle why his decision to breach his obligation to appear and not to exercise his right to appear should have the automatic effect of suspending the criminal proceedings against him until he chose to surrender himself or was apprehended. If he voluntarily chose not to exercise
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
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
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
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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