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Calderbank V Calderbank
''Calderbank v Calderbank'' 976Fam 93, 9753 All ER 333 (EWCA); was an English Court of Appeal decision establishing the concept of a "Calderbank Offer". A "Calderbank Offer" can often be identified by the disclaimer " without prejudice, save as to costs". Facts After a marriage of 17 years, Mr and Mrs Calderbank separated and filed for divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ..., which was duly granted. However substantial difficulties arose regarding the division of the matrimonial assets of £78,000, resulting from the £80,000 Mrs Calderbank had previously inherited during the relationship from the estates from the death of both her parents. Complicating matters further, the matrimonial home was registered under only Mr Calderbank's name (for fiscal reasons), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Court Of Appeal
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Arnold Scott Cairns
Sir David Arnold Scott Cairns (5 March 1902 – 8 September 1987), was a British judge and Liberal Party (UK), Liberal Party politician. Background Cairns was a son of David Cairns JP, a Freeman of Sunderland and Sarah Scott Cairns. He was educated at Sunderland College, Bede Grammar School for Boys, Sunderland and Pembroke College, Cambridge. In 1932 he married Irene Cathery Phillips. They had one son and two daughters. He was knighted in 1955. He was made a member of the Privy Council in 1970.'CAIRNS, Rt. Hon. Sir David (Arnold Scott)', ''Who Was Who'', A & C Black, an imprint of Bloomsbury Publishing plc, 1920–2015; online edn, Oxford University Press, 2014; online edn, April 201accessed 20 May 2015/ref> Political career He was Liberal candidate for the Epsom (UK Parliament constituency), Epsom division of Surrey at the 1947 Epsom by-election. He did not stand for parliament again.British parliamentary election results 1950-1983, Craig, F.W.S. However, the foll ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister who served as a Law Lord until his retirement in 1986. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity". Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a double first. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gordon Willmer
Sir Henry Gordon Willmer, OBE, TD (11 August 1899''England & Wales, Civil Registration Death Index, 1916-2007'' – 17 May 1983) was an English lawyer and judge. Willmer was from Birkenhead, Cheshire, the son of Arthur Willmer and the brother of the academic Nevill Willmer and the first-class cricketer Arthur Willmer. He was educated at Birkenhead School and Corpus Christi College, Cambridge. He was called to the bar by the Inner Temple in 1924 and practiced at the Admiralty bar. He took silk in 1939, shortly before the outbreak of the Second World War. He had retired from the Territorial Army in 1938, but in 1940 was commissioned and served in the coastal artillery. He was appointed to the High Court shortly after the war, in December 1945, receiving the customary knighthood, and was assigned to the Probate, Divorce and Admiralty Division. In 1958 he was appointed a Lord Justice of Appeal and was sworn of the Privy Council. He retired in 1969. In retirement he worked an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Without Prejudice
''Prejudice'' is a legal term with different meanings, which depend on whether it is used in criminal, civil, or common law. In legal context, ''prejudice'' differs from the more common use of the word and so the term has specific technical meanings. Two of the most common applications of the word are as part of the terms ''with prejudice'' and ''without prejudice''. In general, an action taken ''with prejudice'' is final. For example, ''dismissal with prejudice'' forbids a party to refile the case and might occur because the court finds the alleged facts cannot form a valid claim, or due to misconduct on the part of the party that filed the claim or criminal complaint, or as the result of an out-of-court agreement or settlement. Dismissal ''without prejudice'' (Latin: , ) allows the party the option to refile and is often a response to procedural or technical problems with the filing that the party may be able to correct by making a new or amended filing. Etymology The origi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the Marriage, bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws Divorce law by country, vary considerably around the world, but in most countries, divorce is a legal process that requires the sanction of a court or other authority, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Settlement Offer
A settlement offer or offer to settle is an offer to resolve an outstanding issue or account. This may involve a statutory offer to compromise in a civil lawsuit. In either case, it involves communication from one party to the other suggesting a settlement, or an agreement to fully and finally resolve the outstanding issue, account, or dispute. United Kingdom In England and Wales, offers to settle are governed by Part 36 of the Civil Procedure Rules. The rules were significantly changed in 2015 to reflect developments in case law.Edwin Coe LLPSignificant changes to Part 36 of the Civil Procedure Rules accessed 29 August 2022. These changes included provision for a settlement offer to be time-limited and to be automatically withdrawn if not accepted by a specified time. One factor leading to change was an Appeal Court hearing in the case of ''Gibbon v Manchester City Council'' (2010), where "the central question raised aswhether Part 36 embodies a self-contained code or is subj ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Costs In English Law
In English civil litigation, costs are the lawyers' fees and disbursements of the parties. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount. In legal aid cases, a similar assessment will determine the costs which the solicitors will be paid from the Legal Aid Fund. In most courts and tribunals, generally after a final judgment has been given, and possibly after any interim application, the judge has the power to order any party (and in exceptional cases even a third party, or any of the lawyers personally) to pay some or all of other parties' costs. The law of costs defines how such allocation is to take place. Even when a successful party obtains an order for costs against an opponent, it is usual that he may nevertheless still have to pay his solicitors a balance between the cost ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Civil Procedure
The rules of civil procedure in England and Wales that govern the conduct of litigation in the civil courts of England and Wales, civil courts primarily stem from the Civil Procedure Rules adopted in 1999 as part of the Woolf Reforms, but also from the accompanying Practice Directions, other legislation and case law. The rules that apply differ depending on the type of claim, but ultimately govern the entire cycle of a case before the courts, including the steps that must be undertaken before the claim is issued, Service of process, service to the other parties, allocation of the case to the different tracks, adding or substituting parties to a claim, default judgment, summary judgment, striking out all or part of a claim, and disclosure of evidence. The rules also deal with how hearings are conducted both pre-trial and at trial, as well as the remedies (both interim and final) that the court can grant, how they are enforced or appealed, and the assessment of costs. Court structu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
