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Macarthys V Smith
''Macarthys Ltd v Smith'' (1980is an EU law, UK constitutional law and UK labour law case, concerning the construction of a sex discrimination statute, and its compatibility with European treaties, now in the European Union. Facts Ms Wendy Smith worked for Macarthys Ltd in their factory. She was paid £50 a week, but a man who had previously worked in the same job for the company had been paid £60 a week. Ms Smith claimed this was unlawful according either to the Equal Pay Act 1970, or the Treaty of the European Community article 119. The company argued she had no claim because the UK's Equal Pay Act 1970 did not allow comparisons with former colleagues. Ms Smith argued that, if this was true under UK law, then European Community law did allow such a comparison, and it would override the UK statute. Judgment Court of Appeal A majority held that Ms Smith had no claim because the EC treaties could not be used as an aid to interpreting UK law. Lord Denning MR dissented, and said th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Law
European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote peace, social justice, a social market economy with full employment, and environmental protection. The Treaties of the European Union agreed to by member states form its constitutional structure. EU law is interpreted by, and EU case law is created by, the judicial branch, known collectively as the Court of Justice of the European Union. Legal Act of the European Union, Legal Acts of the EU are created by a variety of European Union legislative procedure, EU legislative procedures involving the popularly elected European Parliament, the Council of the European Union (which represents member governments), the European Commission (a cabinet which is elected jointly by the Council and Parliament) and sometimes the European Council (composed o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning
Alfred Thompson Denning, Baron Denning, (23 January 1899 – 5 March 1999), was an English barrister and judge. He was called to the Bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". One of Lord Denning's successors as Master of the Rolls, Lord B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning Cases
This is a partial list of legal cases involving Lord Denning, who during his career delivered around 2000 reported judgments. After serving as a barrister, Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *'' L'Estrange v F Graucob Ltd'' 9342 KB 394, establishes the doctrine of incorporation by signature *'' Regal (Hastings) Ltd v Gulliver ''942UKHL 1; 1942 1 All ER 378; 9672 AC 134, trustees cannot make profit from office even when the opportunity is not available to their beneficiaries High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *'' Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel while only a judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1980 In United Kingdom Case Law
__NOTOC__ Year 198 (CXCVIII) was a common year starting on Sunday of the Julian calendar. At the time, it was known as the Year of the Consulship of Sergius and Gallus (or, less frequently, year 951 ''Ab urbe condita''). The denomination 198 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire *January 28 **Publius Septimius Geta, son of Septimius Severus, receives the title of Caesar. **Caracalla, son of Septimius Severus, is given the title of Augustus. China *Winter – Battle of Xiapi: The allied armies led by Cao Cao and Liu Bei defeat Lü Bu; afterward Cao Cao has him executed. By topic Religion * Marcus I succeeds Olympianus as Patriarch of Constantinople (until 211). Births * Lu Kai, Chinese official and general (d. 269) * Quan Cong, Chinese general and advisor (d. 249) Deaths * Li Jue, Chinese warlord and regent * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union Case Law
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roualeyn Cumming-Bruce
Sir James Roualeyn Hovell-Thurlow-Cumming-Bruce, PC (9 March 1912 – 12 June 2000) was a British barrister and judge who was a Lord Justice of Appeal from 1977 to 1985. Biography Roualeyn Cumming-Bruce was the third son of the Charles Edward Hovell-Thurlow-Cumming-Bruce, 6th Baron Thurlow, and the younger of identical twin boys. His grandfather was a British Liberal politician who was Paymaster General in 1886. Earlier relations were Bishop of Durham and Lord Chancellor. His eldest brother Harry became 7th Baron Thurlow in 1952, and his elder twin brother Francis became 8th Baron Thurlow in 1971. Roualeyn was educated at Shrewsbury School and Magdalene College, Cambridge, where he took a first in classics. He became an honorary Fellow at Magdalene in 1977. Cumming-Bruce was an active communist whilst at Cambridge, once arguing during a debate at the Cambridge Union that "hope lay in the adoption of the Soviet system – a system which combined the spirit of democracy ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawton LJ
Sir Frederick Horace Lawton (21 December 1911 – 3 February 2001) was a British barrister and judge who served as Lord Justice of Appeal from 1972 to 1986. Early life and career Frederick Lawton was born in Wandsworth, London, the son of William John Lawton and Ethel, ''née'' Hanley. His father, a former insurance agent, had joined the Prison Service, and became Governor of Wandsworth Prison, the first prison governor to rise from the ranks. He was educated at Battersea Grammar School and then at Corpus Christi College, Cambridge, where he took first-class honours in part one of the History tripos and an upper second-class honours in part two of the Law tripos. After flirting with Communism there, Lawton joined the British Union of Fascists and founded the Cambridge University Fascist Association. Early legal career Lawton was called to the bar at the Inner Temple in 1935, and joined the chambers of Norman Birkett — 1 Brick Court. As a junior barrister, he defended ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defrenne
''Defrenne v Sabena (No 2)'' (1976) is a foundational European Union law case, concerning direct effect and the European Social Charter in the European Union. It held that the EU: The case was championed by the Belgian lawyer Éliane Vogel-Polsky, who was responsible for much of the heavy involvement in sex discrimination law of the time by the European Court of Justice. Facts A woman named Gabrielle Defrenne worked as a flight attendant for the Belgian national airline Sabena. Under Belgian law, female flight attendants were obliged to retire at the age of 40, unlike their male counterparts. Defrenne had been forced to retire from Sabena in 1968. Defrenne complained that the lower pension rights this entailed violated her right to equal treatment on grounds of gender under article 119 of the Treaty of the European Community, (now Article 157 of the Treaty on the Functioning of the European Union (TFEU) – prior to the Lisbon Treaty, this was article 141 TEC). Judgm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and it enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ireland formally separated b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preliminary Ruling
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law that is given in response to a request (a preliminary reference) from a court or a tribunal of a member state. A preliminary ruling is a final determination of European Union law, with no scope for appeal. The ECJ hands down its decision to the referring court, which is then obliged to implement the ruling. Preliminary rulings are issued by the ECJ. The Treaty of Lisbon provides that jurisdiction may be delegated to the General Court, but that provision has yet to be put into effect. If, as in '' Factortame'', the ECJ holds that a member state's legislation conflicts with EU law, the member state is required to "disapply" such law, but the ECJ may not amend the member state's legislation itself. Preliminary rulings make up the bulk of business in the Court of Justice of the European Union since few persons have '' locus standi'' to litigate in the Luxembourg cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blackburn V Attorney General
Blackburn () is an industrial town and the administrative centre of the Blackburn with Darwen borough in Lancashire, England. The town is north of the West Pennine Moors on the southern edge of the Ribble Valley, east of Preston and north-northwest of Manchester. Blackburn is at the centre of the wider unitary authority area along with the town of Darwen. It is the second largest town (after Blackpool) in Lancashire. At the 2011 census, Blackburn had a population of 117,963, whilst the wider borough of Blackburn with Darwen had a population of 150,030. Blackburn had a population of 117,963 in 2011, with 30.8% being people of ethnic backgrounds other than white British. A former mill town, Blackburn has been the site of textile production since the mid-13th century, when wool was woven in people's houses in the domestic system. Flemish weavers who settled in the area in the 14th century helped to develop the woollen cottage industry.Burrow, J. & Co. (Eds.) (196 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
