I. Introduction
In Costello v Derbyshire Constabulary [2001] EWCA Civ 381 the Court of Appeal was invited to address the question whether the police was entitled to retain an allegedly stolen car after their statutory right to retain the car under s.22 of the Police and Criminal Evidence Act 1984 had expired. Costello illustrates a small extension of the presumption that possession is prima facie evidence of ownership .
In the judgment three main points of law were explored, namely the legal concepts of possession and relativity of title, the ‘jus tertii’ doctrine and the legal principle ‘ex turpi causa non oritur actio’. In this essay I will discuss and analyse each of these points and I will conclude by outlining the merits of Costello.
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In order to acquire a possessory title to a chattel a degree of physical control appropriate to the nature of the thing possessed (“factual possession”) together with an intention to possess (“animus possidendi”) must be proven. Relativity of title means that the concept of ‘title’, although commonly confused with ‘ownership’ is in fact relative: a person can hold a title to a chattel without being its owner (without having the best possible title). When competing claims to possession are brought before court, it is decided which claimant has the better title, not who has the best possible …show more content…
“Illegality could not be invoked to deny that the knowing possessor of stolen goods had ever acquired a title of possession; his possession was a fact that did not rely on proof of an illegal transaction or act” . The title based on such a possession might be frail and of little practical value, but it constitutes a legally acknowledged interest nonetheless. Here Lightman J. followed and applied the reasoning in Webb; Parker v. B.A.B.; Malone v. Metropolitan Police Commissioner; and most importantly Tinsley v. Milligan [1994] 1 A.C.
Tooher, Joycey, ‘Jubilant Jamie and the Elephant Egg: Acquisition of Title by Finding’ (1998) 6 Australian Property Law Journal 117
MARIST COLLEGE’S IMC EFFORTS The mission of Marist college is to help students develop the intellect, character and skills necessary to lead enlightened, ethical and productive lives in the twenty-first century. It is important that all forms of communication that originate from the institution must have a same look which will guarantee Marist a brand name. The overall IMC strategy of Marist college involves the development of an identity for the institution whose main objective is to enhance student learning.
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
The purpose of stop and search, an investigative tool to prevent crime is arguably different to the current practice of this procedure, current research suggests that it is used to gain intelligence and for social control (Bowling and Phillip, 2007). Following this, there is substantial evidence suggesting that thirty police forces have no understanding of how to use their powers to complete a stop and search (HMIC, 2013). Furthermore, the Police and Criminal Evidence Act (1984, c60) states that a police officer can only stop and search a citizen if they have reasonable grounds to suspect they have stolen or prohibited items on their person. However, statistical evide...
A Polack walked into a pizza parlor and ordered a pizza. The pizza man asked him, "Should I cut it into six pieces or eight?" And the Polack answered, "Cut it into six; I couldn't eat eight." Like it or not, Polish people, or as they are sometimes called, Polacks, are referred to as stupid, extremely poor, and useless. Why do people regard Polish people as this, and is there a reason for this terrible stereotype to exist?
When I found out I qualified to be a candidate for the NJHS, I knew I had to take this chance. This group is made up of people who depict leadership, character, citizenship, academic success, and service and I would love to join. These characteristics wouldn't just be valuable for a candidate to have, but for everyone to have to exceed in life. If I were to be in the National Junior Honor Society, it would give me an opportunity to ameliorate my future and motivate me to do better.
M. (2002). Forfeiture. In J. Dressler (Ed.), Encyclopedia of Crime and Justice (2nd ed., Vol. 2, pp. 714-719). New York: Macmillan Reference USA. Retrieved from http://go.galegroup.com.bethelu.idm.oclc.org/ps/i.do?p=GVRL&sw=w&u=tel_a_bethelc&v=2.1&it=r&id=GALE%7CCX3403000126&asid=aed93538c57de2bcd07ea576034cc631
Chris McCandless was really inspiring for trying to find love/happiness in another country.Most people would disagree but I mean who would travel across the world to just be in peace and away from society.Some people might but most people would think Chris McCandless is ridiculous for doing what he did.But I admire the courage he took to just gather up all the stuff he needed and left home to a whole new environment.Chris McCandless was not just inspiring but he showed us how to just have peace with in ourselves because in his life he didn’t care about materialistic things he was just living in the moment doing what he loved .That shows us how to really appreciate life a little more and it also makes us think outside the box we have to go out there and do stuff we love to do.
Given that it lies within the domain of equity, the case law indicates a great flexibility in its application, both in the substantive requirements of proof demanded by the courts and in the manner in which the courts will satisfy the equity. It is the first of these aspects of the doctrine that I will examine in this essay. I will look at the shift in the evidentiary requirements and what a representation (or an assurance of rights), a reliance (a change of position on the basis of that assurance) and a detriment (or unconscionable disadvantage) - the three pre-requisites for a successful claim - have come to mean with regard to case law and in particular the judgement of Judge Robert Walker in the Court of Appeal in Gillett v. Holt[1], in which the plaintiff had been given repeated assurances over many decades that he would inherit the defendant's estate, and remained in service to him at least p... ... middle of paper ... ... operty, 16th Ed, Butterworths K. Gray & S.F Gray - Land Law, 2nd Ed, Butterworths Professor Cedric D Bell - Land: The Law of Real Property, 3rd Ed, Old
The Voice, 'Ol' Blue Eyes', Swoonatra, La Voz, and Chairman of the Board. These were all sobriquets of the infamous Frank Sinatra. However, one of Sinatra's earliest and possibly most well-known nicknames was The Voice. A title such as The Voice is more than just a name that sounds cool and sensual. It promises something flawless about his singing style, signifying you could select one song, or perhaps even an album, as representative of Frank Sinatra. However, Sinatra had a multitude of styles over his five decade career, so to call him the voice could potentially be doing an injustice, perhaps a more accurate description would be The Voices.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
Hodgson, Jacqueline. "Adding Injury to Injustice: The Suspect at the Police Station." Journal of Law and Society Mar. 1994: 85-101. Academic OneFile. Web. 15 Feb. 2015.
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The English legal system is ostensibly embedded on a foundation of a ‘high degree of certainty with adaptability’ based on a steady ‘mode’ of legal reasoning. This rests on four propositions
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...