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Andrew Leggatt
Sir Andrew Peter Leggatt, PC (8 November 1930 – 21 February 2020) was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As a barrister, his clients included Paul McCartney and Robert Bolt. Biography He was educated at Eton College and King's College, Cambridge. He wrote ''Tribunals for Users – One System, One Service'', published by the Department for Constitutional Affairs. He liked the English language and literature and was a member of the Queen's English Society. He had two children, George and Alice. His son, George, is also a judge and was appointed to the UK Supreme Court before his father's death. Judgments *''Johnstone v Bloomsbury Health Authority'' 9912 All ER 293, dissenting *'' Vaughan v Barlow Clowes International Ltd'' 991EWCA Civ 11 – an English trusts law case, concerning tracing *''Nestle v National Westminster Bank plc'' 992EWCA Civ 12 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Leggatt
Sir Andrew Peter Leggatt, PC (8 November 1930 – 21 February 2020) was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As a barrister, his clients included Paul McCartney and Robert Bolt. Biography He was educated at Eton College and King's College, Cambridge. He wrote ''Tribunals for Users – One System, One Service'', published by the Department for Constitutional Affairs. He liked the English language and literature and was a member of the Queen's English Society. He had two children, George and Alice. His son, George, is also a judge and was appointed to the UK Supreme Court before his father's death. Judgments *''Johnstone v Bloomsbury Health Authority'' 9912 All ER 293, dissenting *'' Vaughan v Barlow Clowes International Ltd'' 991EWCA Civ 11 – an English trusts law case, concerning tracing *''Nestle v National Westminster Bank plc'' 992EWCA Civ 12 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fujitsu's Application
''Fujitsu's Application'' 997EWCA Civ 1174 is a 6 March 1997 judgment by the Court of Appeal of England and Wales. The judges' decision was to confirm the refusal of a patent by the United Kingdom Patent Office and by Mr Justice Laddie in the High Court. Lord Justice Aldous heard the appeal before the Court of Appeal. Facts Fujitsu's claimed invention was a new tool for modelling crystal structures on a computer. A scientist wishing to investigate what would result if he made a new material consisting of a combination of two existing compounds would enter data representing those compounds and how they should be joined into the computer. The computer then automatically generated and displayed the new structure using the data supplied. Previously, the same effect could only have been achieved by assembling plastic models by hand - a time-consuming task. Discussion * UK courts should look to the decisions of the European Patent Office for guidance in interpreting the exclusions. * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpreting Contracts In English Law
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language. The most common two modes of interpreting are simultaneous interpreting, which is done at the time of the exposure to the source language, and consecutive interpreting, which is done at breaks to this exposure. Interpreting is an ancient human activity which predates the invention of writing. However, the origins of the profession of interpreting date back to less than a century ago. History Historiography Research into the various aspects of the history of interpreting is quite new. For as long as most scholarly interest was given to professional conference interpreting, very little academic work was done on the practice of interpreting in history, and until the 1990s, only a few dozen publications were done on it. Considering the amount of interpreting activities that is assumed to have occurr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Investors Compensation Scheme Ltd V West Bromwich Building Society
is a frequently-cited English contract law case which laid down that a contextual approach must be taken to the interpretation of contracts. Lord Hoffmann set out five principles, so that contract should be construed according to: #what a reasonable person having all the background knowledge would have understood #where the background includes anything in the 'matrix of fact' that could affect the language's meaning #but excluding prior negotiations, for the policy of reducing litigation #where meaning of words is not to be deduced literally, but contextually #on the presumption that people do not easily make linguistic mistakes Facts Investors received negligent advice from their financial advisers, solicitors and building societies, including West Bromwich Building Society ('West Bromwich BS'). They had claims in tort and for breach of statutory duty. The investors had been encouraged by financiers to enter "Home Income Plans", which meant mortgaging their properties to get ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westdeutsche Landesbank Girozentrale V Islington LBC
is a leading English trusts law case concerning the circumstances under which a resulting trust arises. It held that such a trust must be intended, or must be able to be presumed to have been intended. In the view of the majority of the House of Lords, presumed intention to reflect what is conscionable underlies all resulting and constructive trusts. The decision was arguably the most significant of all of the local authorities swaps litigation cases. Facts The Westdeutsche Landesbank Girozentrale sued Islington LBC for the return of £1,145,525, which included compound interest, as money that it had paid under an interest rate swap agreement with the council. Interest rate swap agreements had been declared by the House of Lords, a few years earlier in ''Hazell v Hammersmith and Fulham LBC'', to be ''ultra vires'' and void because they exceeded councils' borrowing powers under the Local Government Act 1972. The council accepted that it should repay the money it had received u ... [...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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Powdrill V Watson
''Powdrill v Watson'' 9952 AC 394 is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. Facts Roger Powdrill was a joint administrator of Paramount Airways Ltd, a short haul aircraft carrier. He wrote to all the employees in the company, including John Watson, saying that the company would keep on paying the employees but was not in any way assuming personal liability. This case was joined with cases where administrative receivers had done the same though making explicit they were not adopting the employee's contracts of employment. This included John Talbot who was in charge of both Leyland DAF Ltd and Ferranti International plc. Mr Watson’s contract was then terminated. He wanted to be paid for his work. He argued that he stood in priority under Insolvency Act 1986 section 19(5) (see now Insolvency Act 1986, Schedule B1) for wages over a two months’ notice period. In Talbot's case, he simply issued applications aski ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bishopsgate Investment Management Ltd V Homan
''Bishopsgate Investment Management Ltd v Homan'' 994EWCA Civ 33is an English trusts law case about whether a beneficiary whose fiduciary breaches trust, may trace assets through an overdrawn account to its destination. Facts Mr Homan, a PriceWaterhouseCoopers partner, administered the insolvent companies of Robert Maxwell. After Maxwell fell off his luxury yacht and died, it was revealed that he had taken his employees' pension money. Bishopsgate Investment Management Ltd. was the trustee of pension moneys belonging to the employees of Maxwell Communications Corporation plc. In breach of trust, Maxwell paid the pension money into the overdrawn accounts of MCC. Upon liquidation, Bishopsgate claimed it was entitled to trace the pension money to create an equitable charge over all the assets of MCC, and thus priority over unsecured creditors of MCC. Judgment High Court Vinelott J held that there could be no equitable charge. He accepted there could be backwards tracing if (1) pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bishopsgate Investment Management Ltd V Maxwell (No 2)
''Bishopsgate Investment Management Ltd v Maxwell (No 2)'' 993BCLC 814 is a UK company law case concerning a director's duty to act for proper purposes of the company. This case is an example of what would now be Companies Act 2006, section 171. Facts Robert Maxwell, who controlled Maxwell Group plc and bought the Daily Mirror in 1984, fell off his yacht in the Canary Islands on 5 November 1991. It transpired he had used the company pension funds to fund his own lifestyle. Ian Maxwell was Robert’s son and a director of Bishopsgate Investment Management Ltd, which was meant to be safeguarding the company pension plans. He had signed share transfers from Bishopsgate to Maxwell Group plc for no consideration. The shares had been held on trust for a number of pension schemes. The liquidators of Bishopsgate sued Ian Maxwell to compensate for the value of the shares, on the basis that it was an improper use of the company's property. Judgment Hoffmann LJ held that Ian Maxwell was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Act 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
