Neylon V Dickens
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Neylon V Dickens
Neylon v Dickens 9772 NZLR 35 is an often cited case regarding whether a change to a contract is a waiver or variation. Background The Neylons purchased the Dickens farm, with the sale agreement requiring both parties to get the consent of the High Court within 30 days. Just before the expiry of the 30 days, Neylon's solicitor realized that as his client lived in far away Haast, they would be unable to get the consent in time. Dicken's solicitor agreed to file his clients consent on the basis that the purchasers consent would arrive later, which it did, but after the expiry date. The vendors claimed that as the expiry date was not met, the sale agreement came to an end. However, the purchasers later obtained an order from the Court of Appeal for specific performance Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically ava ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ...
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Lord Wilberforce
Richard Orme Wilberforce, Baron Wilberforce, (11 March 1907 – 15 February 2003) was a British judge. He was a Lord of Appeal in Ordinary from 1964 to 1982. Early life and career Born in Jalandhar, India, Richard Wilberforce was the son of Samuel Wilberforce, ICS, later a judge of the Lahore High Court, and of Katherine Wilberforce, daughter of John Sheepshanks, Bishop of Norwich. His grandfather was Reginald Wilberforce, who helped restore British order in Delhi, after the Indian Rebellion of 1857. His great-grandfather was Samuel Wilberforce, Bishop of Winchester, and his great-great-grandfather was the abolitionist William Wilberforce, a connection which had much influence upon him. Wilberforce spent the first seven years of his life in India, before being sent to England in 1914 on the outbreak of the First World War. He attended five preparatory schools, the last being Sandroyd School. From Sandroyd he went to Winchester College in 1920 where Monty Rendall, the ...
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Quintin Hogg, Baron Hailsham Of St Marylebone
Quintin McGarel Hogg, Baron Hailsham of St Marylebone (9 October 1907 – 12 October 2001), known as the 2nd Viscount Hailsham between 1950 and 1963, at which point he disclaimed his hereditary peerage, was a British barrister, philosopher and Conservative Party (UK), Conservative Party politician. Like his father, Hailsham was considered to be a contender for the leadership of the Conservative Party. He was a contender to succeed Harold Macmillan as prime minister in 1963, renouncing his hereditary peerage to do so, but was passed over in favour of Sir Alec Douglas-Home. He was created a life peer in 1970 and served as Lord Chancellor, the office formerly held by his father, in 1970–74 and 1979–87. Background Born in Bayswater, London, Hogg was the son of Douglas Hogg, 1st Viscount Hailsham, the 1st Viscount Hailsham, who was Lord Chancellor under Stanley Baldwin, and grandson of Quintin Hogg (merchant), Quintin Hogg, a merchant, philanthropist and educational reformer, a ...
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Lord Edmund-Davies
Herbert Edmund Edmund-Davies, Baron Edmund-Davies, PC (15 July 1906 – 26 December 1992) was a British judge. Early life and career Born Herbert Edmund Davies at Mountain Ash (), Glamorgan (now in Rhondda Cynon Taf), Wales, he was the third son of Morgan John Davies and Elizabeth Maud Edmunds. Davies was educated at Mountain Ash Grammar School, King's College London where he received a first-class LLB and an LLB in 1926 and an LLD in 1928. Following this, he completed the BCL in 1929 at Exeter College, Oxford, where he received the Vinerian Scholarship. Called to the bar at Gray's Inn in 1929, he worked as examiner and lecturer at the London School of Economics in 1930 and 1931. During the Second World War, he served in the Army Officers' Emergency Reserve and in the Royal Welch Fusiliers. He was Recorder of Merthyr Tydfil from 1942 to 1944, of Swansea from 1944 to 1953 and of Cardiff from 1953 to 1958. Between 1953 and 1964, Davies was chairman of the Denbighshire Qua ...
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Lord Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister who served as a Law Lord until his retirement in 1986. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity". Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a double first. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known ...
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Lord Fraser Of Tullybelton
Walter Ian Reid Fraser, Baron Fraser of Tullybelton, (3 February 1911 – 17 February 1989) was a British judge. Life and career Ian Fraser was born in Glasgow on 3 February 1911, the eldest child of Alexander Reid Fraser, a Glasgow fur merchant, and his wife Margaret Russell MacFarlane. On 23 November 1914, his sister Helen Cross Reid Fraser was born. Fraser was educated at Sandroyd School, Repton School and later studied Philosophy, Politics and Economics at Balliol College, Oxford, graduating in 1932 with First Class Honours. He finished his studies at the University of Glasgow with a Bachelor of Laws in 1935. The following year he was admitted to the Scottish Faculty of Advocates, where he soon earned a reputation as an excellent jurist. At the same time he held a teaching post at the University of Glasgow and from 1948 at the University of Edinburgh. His 1936 work "Outline of Constitutional Law" (2nd edition 1948) was soon regarded as the standard work on British consti ...
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LexisNexis
LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper search, and consumer information. During the 1970s, LexisNexis began to make legal and journalistic documents more accessible electronically. the company had the world's largest electronic database for legal and public-records–related information. The company is a subsidiary of RELX. History LexisNexis is owned by RELX (formerly known as Reed Elsevier). According to Trudi Bellardo Hahn and Charles P. Bourne, LexisNexis (originally founded as LEXIS) is historically significant because it was the first of the early information services to both envision and actually bring about a future in which large populations of end users would directly interact with computer databases, rather than going through professional intermediaries like librari ...
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Haast, New Zealand
Haast is a small town in the Westland District on the West Coast Region, West Coast of New Zealand's South Island. The township is beside the Haast River, south of Haast Junction, on State Highway 6 (New Zealand), State Highway 6. The Haast region is in Te Wahipounamu – The South West New Zealand World Heritage, a UNESCO World Heritage Site designated in 1990. Toponymy The township, the major Haast River, river that is close to the town, a Gates of Haast, gorge on the river and the Haast Pass, pass across to the eastern side of the Southern Alps are all named after Julius von Haast, a Prussia, Prussian-born geologist who travelled through the area in 1863. Although the prospector Charles Cameron is said to be the first European to ‘discover’ the pass, Haast was recognised by having the town named after him. History The main Māori settlement in the area was the pā at the mouth of the Arawhata River. The Haast area was extensively used by Māori as a key source of ...
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Specific Performance
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. An injunction, often concerning confidential information or real property, is a type or subset of specific performance and is one of the more commonly-used forms of specific performance. While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory ...
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Judicial Committee Of The Privy Council Cases On Appeal From New Zealand
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the State (polity), state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the Executive (government), executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial ...
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1977 In United Kingdom Case Law
Events January * January 8 – 1977 Moscow bombings, Three bombs explode in Moscow within 37 minutes, killing seven. The bombings are attributed to an Armenian separatist group. * January 10 – Mount Nyiragongo erupts in eastern Zaire (now the Democratic Republic of the Congo). * January 17 – 49 marines from the and are killed as a result of a collision in Barcelona harbour, Spain. * January 18 ** Scientists identify a previously unknown Bacteria, bacterium as the cause of the mysterious Legionnaires' disease. ** Australia's worst Granville rail disaster, railway disaster at Granville, a suburb of Sydney, leaves 83 people dead. ** SFR Yugoslavia Prime minister Džemal Bijedić, his wife and 6 others are killed in a plane crash in Bosnia and Herzegovina. * January 19 – An Ejército del Aire CASA C-207 Azor, CASA C-207C Azor (registration T.7-15) plane crashes into the side of a mountain near Chiva, Valencia, Chiva, on approach to Valencia Airport in Spain, killing all ...
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