Page values for "Re W (2020) UKUT 155 (AAC)"

"_pageData" values

_creationDate2020-06-25 10:12:27 PM
_modificationDate2020-06-25 10:12:27 PM
_creatorJonathan
_categoriesCases 2020_cases Miscellaneous Judgment_available_on_Bailii
_isRedirectNo
_pageNameOrRedirectRe W (2020) UKUT 155 (AAC)

"News" values

Which_tableCases
RSS_title
RSS_description
RSS_pubdate2020-06-25 9:42:36 PM

"Cases" values

Sentence

Non-application of forfeiture rule

Summary

The forfeiture rule ("the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing") can be modified in the interests of justice but not following a conviction for murder. The Secretary of State initially argued that W had been convicted of murder. The Crown Court had found that, in relation to his wife's killing, W was unfit to plead but had done the act. The Upper Tribunal equated this with a finding of not guilty by reason of insanity, which for forfeiture rule purposes amounts to an acquittal, so there was no conviction and the forfeiture rule did not apply.

Detail==Note== Published on BAILII on 10/6/20.
SubjectMiscellaneous
Judicial_history
Judicial_history_first_page
Date2020-05-09
JudgesMitchell
PartiesW Secretary of State for Work and Pensions
CourtUpper Tribunal
NCN[2020] UKUT 155 (AAC)
MHLR
ICLR
Essex
Essex_issue
Essex_page
Other_citations
Cites
External_links
Judgment

"Cases__NEXT" values

Sentence

Non-application of forfeiture rule

Summary

The forfeiture rule ("the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing") can be modified in the interests of justice but not following a conviction for murder. The Secretary of State initially argued that W had been convicted of murder. The Crown Court had found that, in relation to his wife's killing, W was unfit to plead but had done the act. The Upper Tribunal equated this with a finding of not guilty by reason of insanity, which for forfeiture rule purposes amounts to an acquittal, so there was no conviction and the forfeiture rule did not apply.

Detail==Note== Published on BAILII on 10/6/20.
SubjectMiscellaneous
Judicial_history
Judicial_history_first_page
Date2020-05-09
JudgesMitchell
PartiesW Secretary of State for Work and Pensions
CourtUpper Tribunal
NCN[2020] UKUT 155 (AAC)
MHLR
ICLR
Essex
Essex_issue
Essex_page
Other_citations
Cites
External_links
Judgment