|
Lord Justice Mummery
Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and was 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 the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chancery Division
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 int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
O'Neill V Phillips
is a UK company law case on an action for unfair prejudice under s.459 Companies Act 1985 (now s.994 Companies Act 2006). It is the only case thus far in the House of Lords on the provision and it deals with the concept of members of a business having their "legitimate expectations" disappointed. Facts Mr Phillips owned a company called Pectel Ltd. It specialised in stripping asbestos from buildings. Mr O'Neill started to work for the company in 1983. In 1985, Phillips was so impressed with O'Neill's work that he made him a director and gave him 25% of the shares. They had an informal chat in May 1985, and Mr Phillips said that one day, he hoped Mr O'Neill could take over the whole management, and would then be allowed to draw 50% of the company's profits. This happened, Phillips retired and O'Neill took over management. There were further talks about increasing O'Neill's actual shareholding to 50%, but this did not happen. After five years the construction industry went into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Barings Plc (No 5)
''Re Barings plc (No 5)'' 0001 BCLC 523 is a leading UK company law case, concerning company directors' duties of care and skill. The case is formally identified and cited as "No 5", though some observers regard it as the sixth in the saga of litigation concerning Barings Bank. Facts Nick Leeson was a dishonest futures trader in Singapore for Barings Bank. He traded in the front office and also worked—in breach of internal audit recommendations—in the back office, auditing his own team's trades, effectively allowing him to act as his own supervisor. Leeson abused this situation secretly to make increasingly large unauthorized trades on his employer's behalf. He fraudulently doctored the bank's accounts, and reported large profits, while trading at a loss. After the 1995 Kobe earthquake, the stock market went into a downward spiral, and the truth of his losses was uncovered, bankrupting Barings. The Secretary of State sought director disqualification orders under the Compa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clark V TDG Ltd (t/a Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995. Facts Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor said he did not know when he would be able to start again. Judgment Mummery LJ said that the DDA drew no distinction between direct and indirect discrimination, and a justification defence is always available. The comparator was someone who was not disabled and could do the work. There certainly was discrimination, but on the question of justification, no attention had been paid to the Code of Practice. Significance Since Directive 2000/78/EC, there has been an amendment to the Disability Discrimination Act so that a distinction between direct and indirect discrimination was introduced, and the language of the Act clarified. The entire Act has subsequently been replaced by the Equality Act 2010. In '' Lewisham LBC v Malcolm and EHRC'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Ireland)
The Court of Appeal () is a court in Ireland that sits between the High Court and Supreme Court. Its jurisdiction derives from Article 34.4. It was established in 2014, taking over the existing appellate jurisdiction of the Supreme Court in 2014 and replacing the Court of Criminal Appeal and the Courts-Martial Appeal Court (subject to transitional provisions). Appeals to the Supreme Court are at that Court's discretion. Establishment The superior courts provided under the Courts of Justice Act 1924 and the 1937 constitution were the High Court and the Supreme Court. By the 1990s, there was a large backlog of cases in which the Supreme Court was required to hear appeals from the High Court. The Supreme Court heard a greater number of cases than its counterparts in other common law states. A working group which reported in 2009 recommended introducing a new court to hear most appeals of High Court judgments, freeing up the Supreme Court to restrict itself to cases of constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insolvency
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company has enough assets to pay what is owed, but does not have the appropriate form of payment. For example, a person may own a large house and a valuable car, but not have enough liquid assets to pay a debt when it falls due. Cash-flow insolvency can usually be resolved by negotiation. For example, the bill collector may wait until the car is sold and the debtor agrees to pay a penalty. Balance-sheet insolvency is when a person or company does not have enough assets to pay all of their debts. The person or company might enter bankruptcy, but not necessarily. Once a loss is accepted by all parties, negotiation is often able to resolve the situation without bankruptcy. A company ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retention Of Title Clause
A retention of title clause (also called a reservation of title clause or a ''Romalpa'' clause in some jurisdictions) is a provision in a contract for the sale of goods that the title to the goods remains vested in the seller until the buyer fulfils certain obligations (usually payment of the purchase price). Purpose The main purpose of retention of title ("ROT" or "RoT") clauses is to ensure that where goods are supplied on credit, if the buyer subsequently goes into bankruptcy, the seller can repossess the goods. They are often seen as a natural extension of the credit economy; where suppliers are expected to sell goods on credit, there is a reasonable expectation that if they are not paid they should be able to repossess the goods. Nonetheless, in a number of jurisdictions, insolvency regimes or credit arrangement regimes prevent title retention clauses from being enforced where doing so would upset administration of the regime. Retention of title clauses are mandated in the Eu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Church Of England
The Church of England (C of E) is the State religion#State churches, established List of Christian denominations, Christian church in England and the Crown Dependencies. It is the mother church of the Anglicanism, Anglican Christian tradition, tradition, with foundational doctrines being contained in the ''Thirty-nine Articles'' and ''The Books of Homilies''. The Church traces its history to the Christian hierarchy recorded as existing in the Roman Britain, Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kingdom of Kent, Kent led by Augustine of Canterbury. Its members are called ''Anglicans''. In 1534, the Church of England renounced the authority of the Papacy under the direction of Henry VIII, beginning the English Reformation. The guiding theologian that shaped Anglican doctrine was the Reformer Thomas Cranmer, who developed the Church of England's liturgical text, the ''Book of Common Prayer''. Papal authority was Second Statute of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inns Of Court School Of Law
The City Law School is a law school in London, England, and it is one of the six schools of City, University of London. The law school traces its origins to the Inns of Court School of Law (ICSL), which was founded in 1852. The ICSL became part of City in 2001, and it is now known as The City Law School. Until 1997, the ICSL had a monopoly on the provision of the Bar Vocational Course (BVC; formerly known as the Bar Professional Training Course, or BPTC, and now known as Bar Vocational Studies, or BVS), the obligatory professional training for would-be barristers in England and Wales, before they commence pupillage. The school was previously divided into two sections across two campuses – the Gloucester Building (west of City's Northampton Square campus), where the academic instruction section was based, and Grays Inn Place, where the professional legal training programmes were based. From September 2021, a new building for The City Law School was developed on Sebastian Str ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inns Of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court: Gray's Inn, Lincoln's Inn, Inner Temple, and Middle Temple. All barristers must belong to one of them. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional accommodation. Each also has a church or chapel attached to it and is a self-contained precinct where barristers traditionally train and practise. However, growth in the legal profession, together with a desire to practise from more modern accommodations and buildings with lower rents, caused many barristers' chambers to move outside the precincts of the Inns of Court in the late 20th century. History During the 12th and early 13th centuries, law was taught in the City of London, primarily by the clergy. In 1219 Pope Honorius III promulgated ''Super Specula'', prohibiting the clergy from studying secular law as oppo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
