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Collier V Wright Ltd
is an English contract law case, concerning the doctrine of consideration and promissory estoppel in relation to "alteration promises". Facts Mr Collier was one of three partners of a property developer. They had assented to a court order to pay £46,000 to Wright Ltd in monthly instalments of £600, and were jointly liable. From 1999 the payments went down to £200 a month. In 2000, Mr Collier swore that there was a meeting where Wright Ltd said he would be severally liable (for £15,600), rather than jointly (as a partner). The other two partners went bankrupt in 2002 and 2004. In 2006, when Mr Collier had finally made his payments (totalling exactly one third of the debt) Wrights served on him a statutory demand for the 'balance of the debt'. Mr Collier applied under rule 6.4 of the Insolvency Rules 1986 (because the debt was disputable on ‘substantial grounds’ (r.6.5(4)(b)); so he only needed to show there was a ‘genuine triable issue’ in which case the court would se ... [...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 Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England 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. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Mummery
Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's ''Black Mountain Side'' and its relation to Bert Jansch's version of '' Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a recorder in 1989 before being appointed a High Court judge on 4 October the same year. He was assigned to the Chancery Division and received ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of 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 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 decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
D & C Builders V Rees
''D & C Builders Ltd v Rees'' 965EWCA Civ 3is a leading English contract law case on the issue of part payment of debt, estoppel, duress and just accord and satisfaction. Facts D & C Builders Ltd was a two man building firm run by Mr Donaldson and Mr Casey. They had done work for Mr Rees at 218 Brick Lane, London E1, coming to £732. Mr Rees had only paid £250. £482 was owing. D&C were facing bankruptcy if they were not paid. Mrs Rees phoned up to complain that the work was bad, and refused to pay more than £300. D&C reluctantly accepted and took a receipt marked ‘in completion of account’. After that, they consulted their solicitors and sued for the balance. Judgement Lord Denning MR held that the doctrine of part payment of a debt not discharging the whole ‘has come under heavy fire’ but noted that estoppel, deriving from the principle laid down in '' Hughes v Metropolitan Railway Co.'', could give relief in equity. Although in his opinion part payment of debt coul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Fitzgerald
John David FitzGerald, Baron FitzGerald, PC, PC (Ire) (1 May 1816 – 16 October 1889) was an Irish judge and Liberal politician. Background Born in Dublin, he was the son of the merchant David FitzGerald and his wife Catherine, eldest daughter of David Leahy. His sister Kate was married to Charles Robert Barry and his youngest sister Emily to Denis Caulfield Heron. FitzGerald was educated at Trinity College Dublin and was called to the bar by King's Inns in 1838. In 1870, he received an Honorary Doctorate of Laws by the University of Dublin. Career FitzGerald became a Queen's Counsel in 1847 and was judge of the Munster circuit. He entered the House of Commons in 1852, sitting for Ennis the next eight years. In 1855, FitzGerald was first elected a bencher, then nominated Solicitor-General for Ireland. He became Attorney-General for Ireland a year later, on which appointment he was sworn of the Privy Council of Ireland. FitzGerald held the former post until 1858 and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central London Property Trust Ltd V High Trees House Ltd
''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130 is a famous English contract law decision in the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. However, the most significant part of the judgment is ''obiter dicta'' as it relates to hypothetical facts; that is, the landlord did ''not'' seek repayment of the full wartime rent. Denning J held estoppel to be applicable if Facts High Trees House Ltd leased a block of flats in Clapham, London from Central London Property Trust Ltd. The agreement was made in 1937 and specified an annual ground rent of £2,500. The outbreak of World War II in September 1939 led to a downturn in the rental market. High Trees struggled to find tenants for the property and approached Central London Property Trust in January 1940 to request that the rent be lowered. A reduction to £1,250 per year was agreed in writing, though the duration was not specified and no c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Williams V Roffey Bros & Nicholls (Contractors) Ltd
is a leading English contract law case. It decided that in varying a contract, a promise to perform a pre-existing contractual obligation will constitute good consideration so long as a benefit is conferred upon the 'promiseor'. This was a departure from the previously established principle that promises to perform pre-existing contractual obligations could not be good consideration. Facts Roffey Bros was contracted by Shepherds Bush Housing Association Ltd to refurbish 27 flats at Twynholm Mansions, Lillie Road, London SW6. They subcontracted carpentry to Mr Lester Williams for £20,000 payable in instalments. Some work was done and £16,200 was paid. Then Williams ran into financial difficulty because the price was too low. Roffey Bros was going to be liable under a penalty clause for late completion, so they had a meeting on 9 April 1986 and promised an extra £575 per flat for on time completion. Williams did eight flats and stopped because he had only got £1,500. New carpen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Saxon England, but the rule of the Norman and Plantagenet dynasties had effectively ended its use amongst the upper classes. The popularity of the name was revived when Henry III named his firstborn son, the future Edward I, as part of his efforts to promote a cult around Edward the Confessor, for whom Henry had a deep admiration. Variant forms The name has been adopted in the Iberian peninsula since the 15th century, due to Edward, King of Portugal, whose mother was English. The Spanish/Portuguese forms of the name are Eduardo and Duarte. Other variant forms include French Édouard, Italian Edoardo and Odoardo, German, Dutch, Czech and Romanian Eduard and Scandinavian Edvard. Short forms include Ed, Eddy, Eddie, Ted, Teddy a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pinnel's Case
''Pinnel's Case'' 6025 Co. Rep. 117a, also known as ''Penny v Cole'', is an important case in English contract law, on the doctrine of part performance. In it, Sir Edward Coke opined that a part payment of a debt could not extinguish the obligation to pay the whole. Facts Pinnel sued Cole, in an action of debt upon a bond, for the sum of £8 10s. The defendant, Cole, argued he had, at Pinnel's request, tendered £5 2s 2d before the debt was due, and the plaintiff had accepted in full satisfaction for the debt. (KahuroSam 2021) Judgment The case reports the judgment as follows. ''Pinnel's case'' was followed by '' Foakes v Beer'' 884ref name=Foakes> and ''Jorden v Money'' 854 Exceptions to the rule in Pinnel's Case The case law has evolved over the years to create a number of exceptions to the rule in Pinnel's case. The exceptions to the rule in Pinnel's case include: * Payment accompanied by fresh consideration; * Prepayment of debt at the creditor's request; * Payment of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Longmore
Sir Andrew Centlivres Longmore (born 25 August 1944), styled The Rt Hon. Lord Justice Longmore, is a British lawyer and judge. Educated at Winchester College and Lincoln College, Oxford, he was called to the Bar at the Middle Temple in 1966 and was appointed a QC in 1983. A Judge of the High Court from 1993, he rose to the rank of Lord Justice of Appeal in 2001. Judgments Key judgments of Lord Justice Longmore include: * '' Lomas v JFB Firth Rixson Inc'' 012EWCA 419Described as a "comprehensive judgment hichmasterfully resolved a number of conflicting strands of jurisprudence". *'' Collier v P & MJ Wright (Holdings) Ltd'' 007EWCA Civ 1329, 0081 WLR 643 - English contract law concerning the doctrine of consideration and promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arden LJ
Mary Howarth Arden, Baroness Mance, , KC, PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales. Early life and education Mary Howarth Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007. She was brought up in south Liverpool and educated at Huyton College. She read law at Girton College, Cambridge, where she gained a starred first and an LLM, and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar. Career She was called to the bar at Gray's Inn in 1971, and joined Linc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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