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Addis V Gramophone Co Ltd
''Addis v Gramophone Co Ltd'' 909AC 488is an old English contract law and UK labour law case, which used to restrict damages for non-pecuniary losses for breach of contract. Facts Mr Addis was Gramophone’s manager in Calcutta. In October 1905, he was given six months' notice of dismissal as legally required and a successor was appointed. However, Gramophone also immediately took steps during this six-month period to prevent Addis acting as manager, resulting in Addis leaving his job two months later and returning to England. This was humiliating. The jury awarded Addis £340 for loss of commissions and £600 for wrongful dismissal. Could there be damages for the manner of dismissal? The Court of Appeal had allowed damages for the manner of the dismissal. Submissions ;Duke KC and Groser, for the appellant. ;Lush KC (Schiller with him), for the respondents. Judgment Lord Loreburn held that £600 was not allowed, that he could only recover his six-month salary and no more. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Frederick Pollock, 3rd Baronet
Sir Frederick Pollock, 3rd Baronet PC, FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his ''History of English Law before the Time of Edward I'', written with F.W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a Cambridge Apostle. Life Pollock was the eldest son of William Frederick Pollock, Master of the Court of Exchequer, and Juliet Creed, daughter of the Rev, Harry Creed. He was the grandson of Sir Frederick Pollock, 1st Baronet, Lord Chief Baron of the Exchequer, the great-nephew of Field Marshal Sir George Pollock, 1st Baronet, and the first cousin of Ernest Pollock, 1st Viscount Hanworth, Master of the Rolls. He was educated at Eton College, where he was a King's Scholar, and Trinity College, Cambridge, where he was elected Fellow in 1868 (later Honorable Fellow in 1920).''For My Grandson'' (1933) John Murray, Note B: ''Personal Dates'' In 1871 he was admitted to the Bar. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the mandato ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reflective Loss
In United Kingdom company law, reflective loss is the loss of individual shareholders that is inseparable from general loss of the company. The rule against recovery of reflective loss states that there should be no double recovery, so a shareholder can only bring a derivative action for losses of the company, and may not allege suffering a loss in a personal capacity for a personal right. Reflective loss extends beyond the diminution of the value of the shares; it extends to the loss of dividends (specifically mentioned in ''Prudential Assurance v Newman Industries Ltd'') and all other payments which the shareholder might have obtained from the company if it had not been deprived of its funds. All transactions or putative transactions between the company and its shareholders must be disregarded. In the Supreme Court of the United Kingdom restricted (but declined to abolish) the doctrine, but disapproved many of the statements made previously in ''Johnson v Gore Wood & Co'', de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johnson V Gore Wood & Co
is a leading UK company law decision of the House of Lords concerning (1) abuse of process relating to litigating issues which have already been determined in prior litigation or by way of settlement, (2) estoppel by convention, and (3) reflective loss of a shareholder with respect to damage which was done to the company in which he holds shares. Facts Mr Johnson was a director and majority shareholder in a number of companies, including Westway Homes Limited (referred to in the judgment as "WWH"). Gore Wood & Co were a firm of solicitors who acted for the companies and also occasionally for Mr Johnson in his personal capacity. In 1998 Gore Wood were acting for WWH and served notice under an option to acquire land from a third party upon the solicitors for that third party. The third party alleged that this was not proper service, and refused to convey the land. Legal proceedings ensued and ultimately WWH succeeded. However, because the third party was impecunious and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruxley Electronics Ltd V Forsyth
''Ruxley Electronics and Construction Ltd v Forsyth'' 995UKHL 8is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity". Facts Ruxley agreed to build a swimming pool in Forsyth's garden. The contract specified that the pool would have a diving area seven feet, six inches deep. When constructed, the diving area was only six feet deep. This was still a safe depth for diving and one which did not affect value of the pool. Forsyth was not happy, however, and he brought an action for breach of contract claiming the cost of having a pool demolished and rebuilt (the cost of cure), a sum of £21,540. At first instance the judge rejected the claim for 'cost of cure' damages on the ground that it was an unreasonable claim in the circumstances, but awarded Forsyth 'loss of amenity damages' of £2500. This award was reversed by the Court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jackson V Horizon Holidays Ltd
''Jackson v Horizon Holidays Ltd'' [1975] 1 WLR 1468 is an English contract law case, concerning the doctrine of Privity in English law, Privity. The case would now be partly resolved by the Contracts (Rights of Third Parties) Act 1999 section 1(1)(b), allowing a third party to claim independently. Some of the reasoning of Lord Denning MR was disapproved in ''Woodar Investment Development Ltd v Wimpey Construction UK Ltd'',[1980] 1 WLR 277 which held that the decision is limited to a confined category of cases involving consumers. Facts Mr Jackson got a holiday through Horizon Holidays Ltd to the Brown Beach Hotel, Hendala Point, in Ceylon (now Sri Lanka) for himself and his family. He paid £1200. When they arrived, the facilities were substandard, and not at all as promised. As Lord Denning MR recounted, The judge followed ''Jarvis v Swans Tours Ltd'' and awarded damages of £1100 for distress. The defendant appealed against the damages awarded to Mr Jackson's wife and childr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jarvis V Swans Tours Ltd
is an English contract law case on the measure of damages for disappointing breaches of contract. Facts Mr. Jarvis was a solicitor for Barking Council. He chose to go for Christmas holiday in Switzerland. He got a brochure from Swan Tours Ltd, which for Mörlialp, Giswil said the attractions were, House Party Centre with special resident host. ... Mörlialp is a most wonderful little resort on a sunny plateau ... Up there you will find yourself in the midst of beautiful alpine scenery, which in winter becomes a wonderland of sun, snow and ice, with a wide variety of fine ski-runs, a skating rink and exhilarating toboggan run ... Why did we choose the Hotel Krone ... mainly and most of all because of the 'Gemütlichkeit' and friendly welcome you will receive from Herr and Frau Weibel. ... The Hotel Krone has its own Alphütte Bar which will be open several evenings a week. ... No doubt you will be in for a great time, when you book this houseparty holiday ... Mr. Weibel, the cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Farley V Skinner
''Farley v Skinner'' 001UKHL 49is an English contract law case, concerning the measure and availability of damages for distress. Facts Mr Farley bought a large estate, Riverside House, in Blackboys, Sussex, not far from Gatwick Airport. It had a croquet lawn, a tennis court, an orchard, a paddock and a swimming pool. It cost £420,000 and after the purchase was complete on 28 February 1991, he spent £125,000 improving it. He also had a flat in London, a house in Brighton and one overseas. He hired Mr Skinner to survey the house, particularly to determine levels of aircraft noise. Skinner reported that the noise was of acceptable level, whereas in reality, at 6 am the noise was intolerable. Holding patterns formed right above the house. This distressed Mr Farley as he often spent early mornings in his garden. The trial judge held that Mr Farley had paid no more than someone who knew of the noise, so there was no financial loss, but awarded £10,000 for distress and discomfort. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. The ''Modern Law Review'' has been identified as the "pre-eminent United Kingdom law journal" in a ranking based on statistical data from the 2001 Research Assessment Exercise, and has been placed in the highest tier (A*) by the 2019 Israeli Inter-University Committee Report. The journal is a general law review that publishes original articles relating to common law jurisdictions and the law of the European Union. In addition, the journal contains sections devoted to recent legislation and reports, to case analysis, to review articles, and to book reviews. The current editor-in-chief (General Editor) is David Kershaw. Previous editors included Lord Chorley, Lord Wedderburn, Hugh Collins, and Julia Black. The contents of the first 59 vo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malik V Bank Of Credit And Commerce International SA
''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employment, contracts of employment. Facts Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud, connection with terrorists, money-laundering, extortion and a raft of other criminal activity on a global scale. Malik and Mahmud had both lost their jobs and they sought employment elsewhere. They could not find jobs. They sued the company for their loss of job prospects, alleging that their failure to secure new jobs was due to the reputational damage they had suffered from working with BCCI. Nobody, they said, wanted to hire people from a massive fraud operation like that at the company. This raised the question of what duty the company had owed to its employees that had been b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
