Potential Landmark Legal Case

[Davros]

What are peoples views on this..

http://business.timesonline.co.uk/tol/business/law/article6811203.ece

As i few of you will know, this is something very close to my heart, and i hope he succeeds.

 

[number11]

What are peoples views on this..

http://business.timesonline.co.uk/tol/business/law/article6811203.ece

As i few of you will know, this is something very close to my heart, and i hope he succeeds.

If the women has been taking payments knowing the guy is not the father than I can't think of any reasonable argument that she should not pay that money back. She has fraudulently induced him to make those payments.

 

[Matt the Shrimp]

I also wonder whether the wife isn't guilty of a criminal offence by knowingly registering, or allowing to be registered, the incorrect name of the father on the birth certificate...

Matt

 

[Davros]

I also wonder whether the wife isn't guilty of a criminal offence by knowingly registering, or allowing to be registered, the incorrect name of the father on the birth certificate...

Matt

i wondered that as well, surely its along the lines of fraud?

 

[GBJ]

i wondered that as well, surely its along the lines of fraud?

Thing is, the CPS would have to prove within reasonable doubt that she comitted fraud, which in this case like this is fairly impossible IMO.

All she would have to do is deny the she was aware of the possibility of a different dad. Whether this is right or wrong is neither here nor there, the bottom line is innocent until proven guilty, which the CPS will find hard to do i reckon.

 

[number11]

Thing is, the CPS would have to prove within reasonable doubt that she comitted fraud, which in this case like this is fairly impossible IMO.

All she would have to do is deny the she was aware of the possibility of a different dad. Whether this is right or wrong is neither here nor there, the bottom line is innocent until proven guilty, which the CPS will find hard to do i reckon.

Surely, unless date rape drugged (or was not taught biology at school), a women is going to know of the possibility of a different dad?!

I'm not sure of the criminal offence (fraud) but would certainly hope the decision stretches the offence under the civil fraudulent misrepresentation or breach of duty of care.

 

[GBJ]

Surely, unless date rape drugged (or was not taught biology at school), a women is going to know of the possibility of a different dad?!

Without a doubt she knows what she did and is totally guilty. BUT the CPS' job is more difficult than that.

That's the joys of being a criminal prosecutor. It sounds so straight forward, and in a real world would be easy to get a conviction. Unfortunately it is so much more complicated, i wouldn't be surprised if the bint got away with it.

For example, it's clear that she is guilty of the accused, but is she guilty of deception? How do you prove that she willingly decieved the guy?
She could have a number of different excuses, i.e proper gattered one night, didn't remember. It is a possibility, and for that very reason, it makes the CPS job very hard.

Trust me I've got an A-level in Law :) :) :)

(Hence why i became a panel beater lol)

 

[number11]

Without a doubt she knows what she did and is totally guilty. BUT the CPS' job is more difficult than that.

That's the joys of being a criminal prosecutor. It sounds so straight forward, and in a real world would be easy to get a conviction. Unfortunately it is so much more complicated, i wouldn't be surprised if the bint got away with it.

For example, it's clear that she is guilty of the accused, but is she guilty of deception? How do you prove that she willingly decieved the guy?
She could have a number of different excuses, i.e proper gattered one night, didn't remember. It is a possibility, and for that very reason, it makes the CPS job very hard.

Trust me I've got an A-level in Law :) :) :)

(Hence why i became a panel beater lol)

I think this is far more likely and suitable to be dealt with by the Civil Courts.

 

[Davros]

i wonder if the case was sucessful, if it could end up going one step further, and kids suing there mothers for deception?