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National Westminster Bank Plc V Spectrum Plus Ltd
was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of the court to make rulings as to the law that were "prospective only" to mitigate potential harshness when issuing a ruling that was different from what the law had previously been understood to be. Facts Spectrum Plus Ltd ("Spectrum") carried on the business of a manufacturer of dyes, paints, pigments and other chemical products for the paint industry. Spectrum opened an overdraft facility, and made an agreement with, National Westminster Bank Plc ("NatWest") that said it was granting a fixed charge, or in the words of the contract, a "specific charge fall book debts and other debts… now and from time to time due or owing to pectrum to secure a £250,000 overdraft. Spectrum was prohibited from charging or assigning debts, and was requi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Test Case (law)
In case law, a test case is a lawsuit whose purpose is to establish an important legal principle or right and to set a precedent. Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present law, regulation, or constitutional principle. Government agencies sometimes bring test cases to confirm or expand their powers. The outcome of test cases has a wide public significance as it shapes future rulings. Examples Examples of influential test cases include: # '' Plessy v. Ferguson'' (1896) # '' Tennessee v. Scopes'' (1925) # '' United States v. One Book Called Ulysses'' (1933) # ''Brown v. Board of Education'' (1954) # '' Griswold v. Connecticut'' (1965) # '' Oneida Indian Nation of N.Y. State v. Oneida County'' (1974) # ''Adams v Cape Industries plc'' (1990) # '' Mabo v Queensland (No 2)'' (1992) # '' National Westminster Bank plc v Spectrum Plus Limited'' (2005) # '' District of Columbia v. Heller'' (2008) See also * Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leonard Hoffmann, Baron Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a senior South African–British judge. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong; he formerly served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Early life Born on 8 May 1934, Leonard Hubert Hoffmann was a member of a Jewish family in Oranjezicht, overlooking Cape Town, South Africa. His grandparents established the family there in the late 1800s, having immigrated from Eastern Europe. His father was a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the Uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Slade
Sir Christopher John Slade (2 June 1927–7 February 2022) was a British judge who served as a Lord Justice of Appeal Judiciary of England and Wales, of England and Wales from 1982 to 1991. Biography The eldest son of George Penkivil Slade (a kinsman of Sir Benjamin Slade, 7th Baronet, Sir Benjamin Slade, although not in Remainder (law)#Special remainder in peerages, remainder to the Slade baronets, baronetcy) and Mary Carnegie, he had two younger brothers, Julian Slade, Julian (the composer) and Adrian Slade, Adrian (President of the Liberal Party), as well as a sister, Pauline (who married David Hamilton-Russell, a grandson of the Viscount Boyne, 8th Viscount Boyne). Slade was educated at Eton College, Eton before going up to New College, Oxford, where he was awarded the Eldon Scholarship. Taking King's Counsel, silk in 1965, he served as Master craftsman, Master of the Ironmongers' Company (for 1973/74), before being sworn of the Privy Council (United Kingdom), Privy Coun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Business As Usual (business)
Business as usual (BAU), the normal execution of standard functional operations within an organisation, forms a possible contrast to projects or programmes which might introduce change. BAU may also stand in contradistinction to external events which may have the effect of unsettling or distracting those inside an organisation. Goals The maintenance of BAU is the primary goal of business continuity planning. In climatology "Business as usual" is a phrase frequently used in climate change Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in ... studies to warn of the dangers of not implementing changes to prevent the world from warming further. See also * Conceptual framework References Business continuity {{business-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robin Jacob
Sir Robert Raphael Hayim Jacob, PC (born 26 April 1941), known as Robin Jacob, is a former judge in the Court of Appeal of England and Wales. Personal life Jacob's father was Sir Jack Jacob, a Senior Master of the High Court who is well-known for editing the White Book on civil procedure in the UK. Education and professional career He read Natural Sciences (physics) at Trinity College, Cambridge (1960-1963) and law at the London School of Economics (1963-1967). He was called to the bar by Gray's Inn in 1965 (Treasurer 2007). From 1976 to 1981, he was the Junior Counsel for the Comptroller of Patents and for Government departments in intellectual property. He took silk in 1981. In 1993, he was appointed a High Court judge (a designated Patent Judge) and to the Court of Appeal in 2003. His primary area of expertise is intellectual property rights. He was admitted to the IP Hall of Fame in 2006. He was awarded the Outstanding Achievement in IP award by MIP in 2012. The po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Parker
Sir Jonathan Frederic Parker, PC (born 8 December 1937) is a retired British Lord Justice of Appeal. Education Sir Jonathan was born in Bishop's Stortford, Hertfordshire, the son of Sir Edmund Parker (1908–1981) and Elizabeth Mary Butterfield (died 1984). His father was a distinguished accountant who was senior partner of Price Waterhouse & Co. and president of the Institute of Chartered Accountants in England and Wales from 1967–68. He was educated at Winchester College and then Magdalene College, Cambridge. Career He was called to the Bar in 1962. He was appointed as Queen's Counsel in 1979. He became a Bencher of the Inner Temple in 1985, and served as head of chambers at 11 Old Square, Lincoln's Inn. He became a High Court Judge in the Chancery Division in 1991 when he received the customary knighthood. He then became a Lord Justice of Appeal in 2000, whereupon he was appointed to the Privy Council in the usual way. He retired from the bench in 2007. He also se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nicholas Phillips, Baron Phillips Of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers (born 21 January 1938) is a British former senior judge. Phillips was the inaugural President of the Supreme Court of the United Kingdom, holding office between October 2009 and October 2012. He was the last Senior Lord of Appeal in Ordinary and the first Lord Chief Justice of England and Wales to be head of the English judiciary when that function was transferred from the Lord Chancellor in April 2006. Before his chief justiceship, he was Master of the Rolls from 2000 to 2005. He sits as a crossbencher. Early life Phillips was born 21 January 1938. He was educated at Bryanston School (where he was appointed a governor of the school in 1975, he has been chairman of its governors since 1981). He undertook National Service with the Royal Navy and the Royal Naval Volunteer Reserve, being commissioned as an officer. After two years' military service he went to King's College, Cambridge, where he read law. In 1962, he was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
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] |
Re New Bullas Trading Ltd
''Re New Bullas Trading Ltd'' 9941 BCLC 485 is a UK insolvency law case, concerning the definition of a floating charge. It held, somewhat controversially, that it was possible to separate a book debt from its proceeds, and that it was possible to create a fixed charge over the book debt but only a floating charge over the proceeds. At the time the decision attracted a great deal of academic commentary, much of it hostile. It is now outdated as authority, being first doubted by the Privy Council in , and then formally overruled by the House of Lords in . Facts New Bullas Trading Ltd granted a charge over book debts in favour of 3i plc. It said this was a fixed charge over the uncollected debts and a floating charge over their proceeds, which went into a designated bank account (or another one that 3i could specify in writing). Knox J held this was impossible. He said there was a floating charge throughout, so the company’s preferential creditors were entitled in an admini ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Brumark Investments Ltd
''Agnew v Commissioners of Inland Revenue'', more commonly referred to as is a decision of the Privy Council relating to New Zealand and UK insolvency law, concerning the taking of a security interest over a company's assets, the proper characterisation of a floating charge, and the priority of creditors in a company winding-up. Facts Brumark Investments Ltd gave security over debts to its bank, Westpac. The terms were that its security was a fixed charge, but a floating charge when proceeds were collected (the same as drafted as in '' Re New Bullas Trading Ltd''). Brumark was free to collect debts for its own account and to use proceeds in its business. Brumark went into receivership. The receivers collected the outstanding debts. Fisher J held that uncollected debts were subject to a fixed charge, as the parties had agreed. So they were not subject to claims of preferential creditors. The Court of Appeal of New Zealand overturned this and held that the fact Brumark could ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
