Vehicular trespass to the person; battery; self-defence; ex turpi causa; volenti non fit injuria ‘A finding that the force used was disproportionate so as to preclude self-defence is simultaneously likely to mean that there is no entry point for ex turpi, or at best only a very narrow one.’ This case provides an enlightening illustration …
Continue reading "Case Report: Flint v Tittensor and the MIB [2015] EWHC 466 (QB)"
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Wills & Trusts Law Reports | December 2014 #145The claimant Arthur Watts (Arthur) sued his brother James Watts (James) in respect of trust transactions in 1998.
In 1967 Geoffrey Watts, the father of Arthur and James, made a settlement in favour of his children and grandchildren. In 1976 this trust fund was split into separate trust funds for each of Geoffrey’s children. James was one of the trustees of Arthur’s trust fund. The main beneficiaries were Arthur in his lifetime and thereafter his legitimate children. Clause 4 allowed the trustees to pay all the capital to Arthur if they considered it to be to his advantage...
RTA victims; criminal activity ‘The ex turpi causa principle as applied in the MIB agreement, on its wording, must be referring to a serious crime and be subject to a de minimis rule.’ The issue of whether a claimant should succeed in an action in tort, which occurs during criminal activity, at first appears a …
Continue reading "Case Report: Delaney v Pickett & anor"
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