|
Modified Universalism
Modified universalism or modified universality is a legal concept (particularly an English legal concept) relating to the general principle that in relation to corporate insolvency national courts should strive to administer the estate of insolvent companies in the spirit of international comity. The broad concept is that it is desirable for cross-border insolvencies to be managed by a single officeholder as a single estate rather than a series of piecemeal and unconnected proceedings in different countries, and that this should be recognised globally. In practice, whilst many countries will recognise foreign bankruptcy proceedings, in many instances the courts have set some limits on the recognition of insolvency proceedings, such that the courts apply this principle of modified universality whereby the courts retain a discretion to assess whether the overseas proceedings are consistent with their own principles of justice and public policy. But, subject to that safeguard, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Private International Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and '' choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
Isle Of Man
) , anthem = " O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe (dark grey) , subdivision_type = Sovereign state , subdivision_name = United Kingdom , established_title = Norse control , established_date = 9th century , established_title2 = Scottish control , established_date2 = 2 July 1266 , established_title3 = English control , established_date3 = 1399 , established_title4 = Revested into British Crown , established_date4 = 10 May 1765 , official_languages = , capital = Douglas , coordinates = , demonym = Manx; Manxman (plural, Manxmen); Manxwoman (plural, Manxwomen) , ethnic_groups = , ethnic_groups_year = 2021 , ethnic_groups_ref = Official census statistics provided by Statistics Isle of Man, Isle of Man Government: * * , religion = , religion_year = 2021 , religi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
Bermuda
) , anthem = " God Save the King" , song_type = National song , song = "Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , established_title2 = English settlement , established_date2 = 1609 (officially becoming part of the Colony of Virginia in 1612) , official_languages = English , demonym = Bermudian , capital = Hamilton , coordinates = , largest_city = Hamilton , ethnic_groups = , ethnic_groups_year = 2016 , government_type = Parliamentary dependency under a constitutional monarchy , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Rena Lalgie , leader_title3 = Premier , leader_name3 = Edward David Burt , legislature = Parliament , upper_house = Senate , lower_house = House of Assembly , area_km2 = 53.2 , area_sq_mi = 20.54 , area_rank = , percent_water = 27 , elevation_max ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
.png "Click for more on -> Common Law") |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
 |
Robert Walker, Baron Walker Of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appointe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
_Ribbon.png "Click for more on -> Jonathan Sumption") |
Jonathan Sumption
Jonathan Philip Chadwick Sumption, Lord Sumption, (born 9 December 1948), is a British author, medieval historian and former senior judge who sat on the Supreme Court of the United Kingdom between 2012 and 2018. Sumption was sworn in as a Justice of the Supreme Court on 11 January 2012, succeeding Lawrence Collins, Baron Collins of Mapesbury. Exceptionally, he was appointed to the Supreme Court directly from the practising Bar, without having been a full-time judge. He retired from the Supreme Court on 9 December 2018 upon reaching the mandatory retirement age of 70. Sumption is well known for his role as a barrister in many legal cases. They include appearances in the Hutton Inquiry on HM Government's behalf, in the Three Rivers case, his representation of former Cabinet Minister Stephen Byers and the Department for Transport in the Railtrack private shareholders' action against the British Government in 2005, for defending HM Government in an appeal hearing brought by Bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Lawrence Collins, Baron Collins Of Mapesbury
Lawrence Antony Collins, Baron Collins of Mapesbury (born 7 May 1941) is a British judge and former Justice of the Supreme Court of the United Kingdom. He was also appointed to the Court of Final Appeal of Hong Kong on 11 April 2011 as a non-permanent judge from other common law jurisdictions. He was formerly a partner in the British law firm Herbert Smith. He is now a full time international arbitrator, an adjunct professor of law at NYU School of Law and continues to sit as a member of the HKFCA. Early life Collins was born on 7 May 1941 and educated at the City of London School, and then at Downing College, Cambridge, graduating with a starred first in Law. He received an LL.M. degree from Columbia Law School in New York City and was admitted as a solicitor in 1968, becoming a partner at Herbert Smith in 1971 until his appointment as a judge in 2000. He served as head of the Litigation and Arbitration Department at Herbert Smith from 1995 to 1998. He and Arthur Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
 |
Supreme Court Of Ireland
, image = Coat of arms of Ireland.svg , imagesize = 120px , alt = , caption = Coat of Arms of Ireland , image2 = Four Courts, Dublin 2014-09-13.jpg , imagesize2 = , alt2 = , caption2 = The Supreme Court sits in the Four Courts in Dublin , established = , dissolved = , jurisdiction = Ireland , location = Four Courts, Dublin , coordinates = , motto = , type = Appointed by the President, acting on the binding advice of the Government , authority = Article 34 of the ConstitutionCourts (Establishment and Constitution) Act 1961 , appealsto = , appealsfrom = Court of Appeal High Court , terms = Once appointed, a judge may only be removed by the Oireachtas for stated misbehaviour or incapacity. Mandatory retirement on reach 70 years of age. , positions = 10 and 2 members , bud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
Manx Law
The legal system on the Isle of Man is Manx customary law, a form of common law. Manx law originally derived from Gaelic Brehon law and Norse Udal law. Since those early beginnings, Manx law has developed under the heavy influence of English common law, and the uniqueness of the Brehon and Udal foundation is now most apparent only in property and constitutional areas of law. Precedent Manx law has a distinct system of insular binding precedent based on cases brought before the Island's courts. Precedents in the English legal system, when relevant and applicable, are persuasive upon the Manx courts. The supreme court for the Isle of Man is the Judicial Committee of the Privy Council. The Isle's traditional local appellate court is the Staff of Government Division. Statute In addition to precedent, the laws of the Island develop through statute from two main sources: Acts of Tynwald (known as insular legislation) and Acts of Parliament in Westminster. The power of the United King ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
|
|
Scheme Of Arrangement
A scheme of arrangement (or a "scheme of reconstruction") is a court-approved agreement between a corporate law, company and its shareholders or creditors (e.g. lenders or debenture holders). It may affect Mergers and acquisitions, mergers and amalgamations and may alter shareholder or creditor rights. Schemes of arrangement are used to execute arbitrary changes in the structure of a business and thus are used when a reorganisation cannot be achieved by other means. They may be used for rescheduling debt, for takeovers, and for Return of capital, returns of capital, among other purposes. It is not a formal insolvency procedure, but it can be used alongside insolvency procedures such as Administration (law), administration. By country Australia In Australia, the relevant provisions for effecting a scheme of arrangement or reconstruction are located in Part 5.1 of the Corporations Act 2001 (Cth). Section 411(1) states that where a company and its creditors or shareholders prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |