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The Burden of Proof.
March 1, 2018
To what extent has the HRA 1998 impacted on the reversal of the legal burden to an accused in criminal cases?
Case Study Problem Question: ‘Gadd’s Hill is a detached house with garden situated in the county of Outer Glamorgan. It has been registered title for twenty years. Two years ago, in November Agnes purchased Gadd’s Hill and became registered proprietor. A month later, in December of that same year, she signed an agreement (not in the form of deed) with her neighbor, Mrs Murderstone allowing Mrs Murderstone and her family to use the inside toilet in Gadd’s Hill. Mrs Murderstone pays £15 per month for this right. In practice, this right is ‘exercised’ about twice a day. In February of the following year, Agnes signed another agreement (not in the form of a deed) with Mrs Murderstone, under which she leased a part of the garden of Gadd’s Hill to her for six years. The agreement also granted to Mrs Murderstone an option to purchase the whole of the garden for £12 000. Three months later, Agnes married Copperfield, who moved into Gadd’s Hill. Copperfield had no income of his own, but he looked after the house, cooked the meals and did very small do—it-yourself jobs. Three months after their marriage, Agnes left Copperfield to go and leave with Barkis. Last week she sold Gadd’s Hill to Nickelby. Nickelby bought the property without taking any professional advice, and did not even visit the property. On arriving at Gadd’s Hill Nickelby finds Copperfield still living in the house, and refusing to move out. He also found Mrs Murderstone digging the garden, and insisting that she has a right to use the toilet. Moreover, Mrs Murderstone announces her intention of exercising the option to buy the whole of the garden. Discuss. UK Law Transfer Degree Program