The question whether the majority judgementin Miller is based on sound constitutional principle confronts controversiessurrounding Article 50 by distinguishing the relationship between the statuteand prerogative in the UK. Dicey defined the prerogative as ‘The residue of discretionary or arbitraryauthority, which at any given time is legally left in the hands of the Crown’1.Article50 was originally …

The precedence over UK law through the EuropeanRead More »

The memorandum and the articles of association areevidently constituted within the Companies Act 2006 (CA). It is important tounderstand the extent to which a shift and difference has been brought aboutsince the Companies Act 1985 (CA). Distinctively, the articles of association consistof a complex documentation including the shares of the company, rules andpowers of the …

The significance towards outsider rights when needing toRead More »

The phrase “Human Rights” refers to the standard rights of all individuals, regardless of nationality, race, religion, ethnicity or gender and are seen as moral rights. A moral right is a natural right that exists from birth, apply to everyone and universal, irrespective of which society someone lives in. These rights cannot be given up …

The rights worldwide.Every year people are diagnosed withRead More »

Usually, the prosecution should prove that the defendant had committed the actus reus, which should be accompanied by an appropriate mens rea1. Mens rea can be translated as “guilty mind”2. In legal use, it can be crime-specific, focusing on the distinct mental state of the defendant for a particular crime, or consider the prevalent feature …

Usually, of direct intention laid out in Mohan[5]Read More »

 unlawful actand gross negligence manslaughter. Any person who causes the death of thevictim without the presence of the requisite mensrea will be liable for theoffence.The offence of unlawful act manslaughter was definedby the court of criminal appeal in the case of Larkin1 .Humphreys Justice explained how liability for manslaughter arises through anunlawful act: “Where the …

unlawful is a common law offence and itsRead More »

It is important that the issue is identified. The maxim “quicquid planatur solo, solo credit1” suggests that whatever is attached to the soil becomes part of it. The essence of this maxim leads to a fundamental distinction, the difference between fixtures and fittings/chattels (as well as items which are part and parcel of the land …

Law of Property Act 1925Read More »

1. Horace has bought Hillview House (HH), because he likes the southerly views. The land to the south was sold by Horace’s predecessor in title, Bertie, to Peregrine, a property developer. Peregrine proposes to build a six storey development of executive apartments, Pilemhi (P). Horace has told Peregrine he cannot do this because Horace has …

Adise on principles of Land LawRead More »

This concerns licenses and the servitudes; easements and profit a prendre with the key issue being whether the agreements that John (J) and Fred (F) have in place can become binding on a third party, Alice (A)and are capable of being propriety rights after the title has been sold. An easement is a right benefiting …

Land Law AssignmentRead More »