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Lord Cranstown V Johnston
''Lord Cranstown v Johnson'' (1796) 3 Ves 170, 30 ER 952 is a judicial decision of the English courts relating to the conflict of laws and the ability of the court to exercise personal (or, ''in personam'') jurisdiction over the litigants to compel them to deal with land which is located outside of the jurisdiction of the court. Lord Cranstown owed money to Johnson, although there was a disagreement between them as to how much was owed. Although the parties were discussing the matter, whilst the discussions were ongoing Johnson started proceedings on the island of St Kitts to seek an order of the court for the sale of a valuable estate belonging to Lord Cranston. Under the laws in St Kitts it was permissible to commence such an action by substituted service by nailing the writ to the courthouse door. Lord Cranston was not aware of the proceedings, and so the court proceeded to make an order for the sale of the estate, which Johnson purchased (as the only bidder) for a fraction ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British South Africa Company V De Beers Consolidated Mines Ltd
''British South Africa Company v De Beers Consolidated Mines Ltd'' 9102 Ch 502 is a judicial decision of the English Court of Appeal relating to the conflict of laws, and clogs upon the equity of redemption. The British South Africa Company (BSAC) entered into an agreement with De Beers under which De Beers loaned various sums of money to BSAC, and BSAC granted security over all its assets in the form of a floating charge as collateral for the loans. That agreement also contained a provision which granted De Beers the exclusive right to mine diamonds south of the Zambezi river in perpetuity. BSAC brought proceedings against De Beers in the English courts arguing that the provision for the exclusive mining of diamonds was unenforceable for various different reasons. The English Court of Appeal held that the provision was invalid because it constituted "a clog" on the equity of redemption, and that notwithstanding the property was located in a country that did not recognise the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Conflict Of Laws 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 communi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada ( English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dicey Morris & Collins
''Dicey, Morris & Collins on the Conflict of Laws'' (often simply ''Dicey, Morris & Collins'', or even just ''Dicey & Morris'') is the leading English law textbook on the conflict of laws (). It has been described as the "gold standard" in terms of academic writing on the subject, and the "foremost authority on private international law". Editors The textbook has had three principal general editors during its life: * A. V. Dicey, the constitutional scholar and Vinerian Professor of English Law. * John H. C. Morris * Lord Collins of Mapesbury, solicitor and later judge. Since 2015, Professor Jonathan Harris QC has been joint general editor with Lord Collins of Mapesbury. Between 1922 and 1949 A. Berriedale Keith was also a general editor of the text, but has not been honoured with a permanent place in the book's title. In the most recent edition, the team of editors includes Professor C G J Morse, Professor David McClean, Professor Adrian Briggs, Professor Jonathan Harri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British South Africa Company V Companhia De Moçambique
The Moçambique rule, or (to adopt an anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions. It was established in 1893 by the House of Lords decision in ''British South Africa Co v. Companhia de Moçambique'' 893 AC 602. Essentially, it is a self-imposed rule to limit jurisdiction in respect of actions relating to: * Title to Foreign Land * Possession to Foreign Land * Damages of Trespass to Foreign Land In ''Hesperides Hotels v Muftizade'' Lord Wilberforce referred to the ruling in ''Mozambique'' in the following terms: "Subject to exceptions hereafter mentioned, the court has no jurisdiction to entertain an action for (1) the determination of title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery of ... [...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, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for 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 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of 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 in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Judicature Act 1873, which merged the Court of Chancery with the other major courts, the Master of the Rolls ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Pepper Arden, 1st Baron Alvanley
Richard Pepper Arden, 1st Baron Alvanley (20 May 1744 – 19 March 1804) was a British barrister and Whig politician, who served as the Chief Justice of the Court of Common Pleas. He was a Member of Parliament from 1783 to 1801. Biography He was born on 20 May 1744 in Bredbury, the son of John Arden (1709–1787), and Mary Pepper, and baptised on 20 June 1744 in Stockport. Educated at The Manchester Grammar School, he matriculated at Trinity College, Cambridge in November 1761 and received his BA in 1766. Arden was admitted to the Middle Temple in 1769, and received his MA from Trinity the same year, being made a Fellow of the college shortly after. He took chambers in Lincoln's Inn and became a close friend of William Pitt, with whom he would maintain a political alliance throughout his career. In 1776 he was made judge on the South Wales circuit. Invested as a King's Counsel in 1780, he was Solicitor General during the ministry of Shelburne, and again for a year un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Default Judgment
Default judgment is a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default. The default judgment is the relief requested in the party's original petition. Default can be compared to a forfeit victory in sports. In a civil trial involving damages, a default judgment will enter the amount of damages pleaded in the original complaint. If proof of damages is required, the court may schedule another hearing on that issue. A party can have a default judgment vacated, or set aside, by filing a motion, after the judgment is entered, by showing of a proper excuse. Specific jurisdictions England and Wales How judgment arises In England and Wales, a claimant starts a case by issuing a claim form. This either states a monetary figure on it, togeth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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