|
Practice Statement 1966
The Practice Statement 9663 All ER 77 was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precedent in the Lords in order to achieve justice. Background Until the year 1966, the House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of ''stare decisis'', even if this created "injustice" and "unduly restrict(s) the proper development of the law" ('' London Tramways Co. v London County Council'' 898AC 375). The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. It does not affect the precedential value of cases in lower courts; all other courts that recognise the Supreme Court (formerly the House of Lords) as the court of last resort are still bound by Supreme Court (and House of Lords) decisions. Before this, the only way a binding precedent could be avoided was to creat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis Blom-Cooper
Sir Louis Jacques Blom-Cooper (27 March 1926 – 19 September 2018) was an English author and lawyer specialising in public and administrative law. Early life Born in London, his parents were the grocer Alfred Blom-Cooper and Ellen Flesseman. Blom-Cooper and his family were British Jews, Jewish. He did national service as a Captain in the East Yorkshire Regiment from 1944 to 1947. Louis Blom-Cooper was educated at Port Regis School, Seaford College, University of British Columbia, King's College London (LLB,1952), the University of Amsterdam, and at Fitzwilliam College, Cambridge. He was called to the Bar at Middle Temple in 1952. Career He was an academic at the University of London from 1962 to 1984. Prior to this he was a columnist for ''The Observer''. He was Chair of the Mental Health Act Commission from 1987 to 1994 and a Judge in the Court of Appeal of Jersey and of Guernsey from 1988 to 1996. He has chaired more than a dozen inquiries over the last decade including th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1966 In British Law
Events January * January 1 – In a coup, Colonel Jean-Bédel Bokassa takes over as military ruler of the Central African Republic, ousting President David Dacko. * January 3 – 1966 Upper Voltan coup d'état: President Maurice Yaméogo is deposed by a military coup in the Republic of Upper Volta (modern-day Burkina Faso). * January 10 ** Pakistani–Indian peace negotiations end successfully with the signing of the Tashkent Declaration, a day before the sudden death of Indian prime minister Lal Bahadur Shastri. ** Georgia House of Representatives, The House of Representatives of the US state of Georgia refuses to allow African-American representative Julian Bond to take his seat, because of his anti-war stance. * January 15 – 1966 Nigerian coup d'état: A bloody military coup is staged in Nigeria, deposing the civilian government and resulting in the death of Prime Minister Abubakar Tafawa Balewa. * January 17 ** The Nigerian coup is overturned by another faction of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Young V Bristol Aeroplane Co Ltd
''Young v Bristol Aeroplane Co Ltd'' (944KB 718 CA) was an English court case that established that the Court of Appeal is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases: #the court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow; #the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the House of Lords or UK Supreme Court; #the court is not bound to follow a decision of its own if the decision was given ''per incuriam'', e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court. The Human Rights Act 1998 created an exception to the ''Young'' rule. If a prior decision was contrary to Convention rights, the Court of Appeal is required to give effect to the Convention rights even if doing so involves disapplying their own past ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Spectrum Plus Ltd
was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of the court to make rulings as to the law that were "prospective only" to mitigate potential harshness when issuing a ruling that was different from what the law had previously been understood to be. Facts Spectrum Plus Ltd ("Spectrum") carried on the business of a manufacturer of dyes, paints, pigments and other chemical products for the paint industry. Spectrum opened an overdraft facility, and made an agreement with, National Westminster Bank Plc ("NatWest") that said it was granting a fixed charge, or in the words of the contract, a "specific charge fall book debts and other debts… now and from time to time due or owing to pectrum to secure a £250,000 overdraft. Spectrum was prohibited from charging or assigning debts, and was re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anns V Merton LBC
was a decision of the House of Lords that established a broad test for determining the existence of a duty of care in the tort of negligence, called the Anns test or sometimes the two-stage test for true third-party negligence. The case was overruled by ''Murphy v Brentwood DC'' 991 Facts and background In 1962, the local authority of Merton approved building plans for the erection of a block of maisonettes. The approved plans showed the base wall and concrete foundations of the block to be 'three feet or deeper to the approval of local authority'. The notice of approval said that the bylaws of the council required that notice should be given to the council both at the commencement of the work and when the foundations were ready to be covered by the rest of the building work. The council had the powers to inspect the foundations and to require any corrections necessary to bring the work into conformity with the bylaws but was not under an obligation to do so. The block of ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphy V Brentwood DC
was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort. The court overruled the decision '' Anns v Merton London Borough Council'' with respect to a duty of care in English law. Facts A builder failed to build proper foundations to a house. The defendant local authority, approving the building for its building regulations, failed to recognise the problem. When the building became dangerously unstable, the claimant was unable to raise any money for repairs, chose not to sue anyone at that stage and therefore had to sell the house at a considerable loss. He sought to recover his loss from Brentwood District Council, but the action failed as the loss, the deflated value he obtained for the house, was classed as a pure economic loss. Judgment The House of Lords overruled ''Anns'' and held that the council was not liable in the absence of physical injury. Also, the case of '' Dutton v Bognor Regis UDC'' was disapproved. The judgment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Caldwell
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V G
''R v G'' 003is an English criminal law ruling on reckless damage, for which various offences it held that the prosecution must show a defendant subjectively appreciated a particular risk existing or going to exist to the health or property of another, and the damaging consequence, but carried on in the circumstances known to him unreasonably taking the risk. It abolished the " objective recklessness" test set out in ''R v Caldwell'', where the standard for the existence of a risk was altered from an objective to a subjective test, whereas the reasonableness of taking the risk as it was perceived was still to be objective. Facts Two boys, aged 11 and 12 years, were camping without their parents' permission when they entered the back yard of a shophouse, the Co-op, of Newport Pagnell in the early hours of the morning. Lighting some newspapers they found there, they left, with the papers still burning. The newspapers set fire to nearby rubbish bins against the wall, where fire spr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Addie & Sons (Colliers) Ltd V Dumbreck
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, renown, godlike" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin.Reaney & Wilson, 1997. ''Dictionary of English Surnames''. Oxford University Press. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe, the name entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Herrington V British Railways Board
Herrington is an area in the south of Sunderland, in Tyne and Wear, England, historically in County Durham. ''The Herringtons'' are split into ''East & Middle'' and ''West'' and ''New'' villages. East and Middle Herrington is now a largely residential area just off the A690. West and New Herrington are across the A19 road from East and Middle Herrington near Doxford International Business Park. Herrington Country Park In the 19th century, the Durham Coalfield began to take shape, and a number of collieries were established in the area, including one in New Herrington. Today, the former colliery site is the Herrington Country Park which plays host to the Durham County Show and the North East Motor Show. On 7 and 8 May 2005, Radio 1's Big Weekend was staged on the Herrington Country Park site. Notable artists who performed that year include Foo Fighters, Kasabian and The Black Eyed Peas. On 16 June 2012, the Olympic Torch came through the park and Blue Peter came live from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duncan V Cammell Laird Co
Duncan may refer to: People * Duncan (given name), various people * Duncan (surname), various people * Clan Duncan * Justice Duncan (other) Places * Duncan Creek (other) * Duncan River (other) * Duncan Lake (other), including Lake Duncan Australia * Duncan, South Australia, a locality in the Kangaroo Island Council * Hundred of Duncan, a cadastral unit on Kangaroo Island in South Australia Bahamas *Duncan Town, Ragged Island, Bahamas ** Duncan Town Airport Canada * Duncan, British Columbia, on Vancouver Island * Duncan Dam, British Columbia * Duncan City, Central Kootenay, British Columbia; see List of ghost towns in British Columbia * Mount Duncan, in the Selkirk Mountains United States * Duncan Township (other) * Duncan, Arizona * Duncan, Iowa * Duncan, Kentucky (other) * Duncan City, Cheboygan, Michigan * Duncan, Mississippi * Duncan, Missouri * Duncan, Nebraska * Duncan, North Carolina * Duncan, Oklahoma * Dunca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
