Mistake Definition

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GLOSSARY

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What does Mistake mean?

A mistake of fact, though not generally a mistake of law, can afford a defence to a criminal charge and need not be reasonable unless the offence is one of negligence.

A mistake of fact will afford a defence to a crime involving mens rea where it prevents the defendant from possessing that mens rea. In relation to crimes of negligence the mistake must be reasonable. A mistake of fact, even if reasonable, does not afford a defence to a crime of strict liability. A mistake as to the criminal law will not generally afford a defence. In self defence the accused may use such force as is reasonable in the circumstances as he believes them to be.

Commercial

A mistake negates consent where, on ordinary offer and acceptance principles, it prevents any agreement coming into existence

A mistake may be as to the person with whom the contract is entered into; as to the subject matter of the contract, or as to the terms of the contract. A mistake nullifies consent where the parties reach agreement but

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Practical steps for dealing with a revenue determination for direct tax purposes—checklist

Practical steps for dealing with a revenue determination for direct tax purposes—checklist A revenue determination in relation to direct tax is issued by HMRC where a taxpayer fails to file a tax return in response to a notice requiring the taxpayer to file a return. Receiving a revenue determination (unless it was issued by HMRC in error) represents a significant failure by a taxpayer to deal with their tax affairs. A revenue determination should be dealt with promptly and a taxpayer may wish to engage an adviser to help. For more information on the consequences of a revenue determination in respect of direct taxes and the ways in which to displace it, see Practice Note: What is a revenue determination for direct tax purposes? This Checklist sets out some practical steps on what to consider and how to proceed once a taxpayer has received a revenue determination from HMRC. Determinations in respect of stamp duty land tax (SDLT) are outside the scope of this Checklist. Unlike revenue determinations relating to...

Three key challenges in first 100 days as general counsel—checklist

Three key challenges in first 100 days as general counsel—checklist This checklist lists the three key challenges for a new general counsel in their first 100 days in role. Typical challenge Response option Desired outcome The team you have inherited The general counsel's (GC) first imperative is to assess the strengths and weaknesses of the legal team. A series of one-to-ones is the best way to assess this, but importantly the GC must seek honest feedback from colleagues in the business.There is every chance of success and every prospect for failure but so much hinges on the quality of the assessment made at this time.This is also the time for the GC to set the tone for his/her leadership and so to clearly and unambiguously set out how the GC envisages roles and behaviours. The desired outcome is to galvanise the collective effort and to set the tone for the priorities to come.The typical experience is of a honeymoon period when everyone is on their best behaviour. The mistake...

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Intoxication and mistake

IntoxicationGeneral defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence. The investigating officer is under a duty to investigate crime impartially and fairly and so evidence supporting a defence should be collected and retained in the same way as evidence of the offence. Some offences are subject to specific statutory defences but the general defences should be considered in every case.Strictly speaking, intoxication, whether voluntary or involuntary is not defence to a crime per se.Specific intentWhere an offence requires specific criminal intent, voluntary intoxication may be sufficient to show that the accused could not have formed the requisite intent to commit the offence. The specific criminal intent required is that of bringing about a particular consequence at the time of the criminal action. If the accused was so drunk that they could not form a specific intention to bring about a particular consequence, then they would have a defence...

Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

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Transfer of part of a registered lease

Transfer of part of a registered lease Precedent transfer This precedent gives suggested wording for Form TP1 in the rare circumstances of a leasehold assignment of part. Assignments of part are unpopular with landlords because the consequent fragmentation of the tenant covenants inevitably makes it harder and costlier for the landlord to collect rent, enforce the covenants and otherwise manage the property. See Practice Note: Assignment of part of the demised premises. Form TP1 must be used where the assignment is of part of a registered lease, or of part of an unregistered lease that has more than seven years left to run. An adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link: Apportionments On an assignment of part, the tenant and assignee should agree to apportion: • the rent payable under the lease; • any other amounts payable under the lease (insurance, service charge etc); and • the responsibility for any other covenants that are non-attributable to the various parts...

Business development and marketing strategy

Business development and marketing strategy 1 Market strategy 1.1 What is our market strategy? What market are we addressing? [Insert details eg commercial or consumer?] Do we need to have a geographic market focus? ☐ Yes [Insert details]☐ No Do we need to focus on any particular segment of the market? ☐ Yes [Insert details]☐ No Are we clear on who we want to promote our services to? ☐ Yes [Insert details]☐ No [Complete the matrix of markets and services section then revisit this question] 1.2 Matrix of existing markets and services Enter details of the commercial and consumer markets served and the services provided by the firm. Commercial Consumer Market 1 [insert details of market, eg, Banking & Finance] Market 2 [insert details of market] Market 3 [insert details of market] Market 1 [insert details of market, eg Private client] Market 2 [insert details of market] Service 1 [insert details of service 1, eg, Tax planning] [insert a ‘X’ if this...

Dive into our 52 Precedents related to Mistake

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status. Article 75 is an agreement between the Motor Insurers’ Bureau (the MIB) and its members under which the motor insurer will accept liability in certain cases where they would not be liable under the Road Traffic Act 1988 (RTA 1988) (as RTA insurer). An Article 75 insurer is the insurer who is providing cover against the compulsory risks set out in RTA 1988 and will remain the Article 75 insurer notwithstanding that—(i) the insurance was obtained by fraud, misrepresentation, mistake or non-disclosure of a material fact (even if a RTA 1988, s 152 declaration of entitlement to avoid liability under RTA 1988 has been obtained), and/or (ii) the cover has been...

When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter?

When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter? Under section 143(1)(a) of the Road Traffic Act 1988 (RTA 1988), ‘…a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person...a policy of insurance...’. This is an offence under RTA 1988, s 143(2), which can be dealt with by way of a fixed penalty notice (FPN). An FPN is an administrative alternative to a...

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Incorrect spouse’s pension statement did not constitute legally binding agreement and member did not reasonably rely on it (Mr W, CAS-111806-F8J2)

Pensions analysis: The Deputy Pensions Ombudsman has partially upheld a complaint about the reduction to a spouse’s pension. Martin Scott of gunnercooke LLP looks at the decision.

Home office wins appeal to keep clearance decision secret

Law360: The Home Office won an appeal on 30 May 2025 to withhold details about the national security concerns that prompted it to remove an immigration officer's security clearance, causing him to lose his job.

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GLOSSARY