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Ashbury Railway Carriage Ltd V Riche
''Ashbury Railway Carriage and Iron Co Ltd v Riche'' (1875) LR 7 HL 653 is a UK company law case, which concerned the objects clause of a company's memorandum of association. Its importance as case law has been diminished as a result of the Companies Act 2006 s 31, which allows for unlimited objects for which a company may be carried on. Furthermore, any limits a company does have in its objects clause have no effect whatsoever for people outside a company (s 39 CA 2006), except as a general issue of authority of the company's agents. Facts Incorporated under the Companies Act 1862, the Ashbury Railway Carriage and Iron Company Ltd’s memorandum, clause 3, stated that its objects were "to make and sell, or lend on hire, railway-carriages…" and clause 4 stated that activities beyond this needed a special resolution. But the company agreed to give Riche and his brother a loan to build a railway from Antwerp to Tournai in Belgium.Yadaf, H. R., (2012)Doctrine of Ultra Vires u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1875 In British Law
Events January–March * January 1 – The Midland Railway of England abolishes the Second Class passenger category, leaving First Class and Third Class. Other British railway companies follow Midland's lead during the rest of the year (Third Class is renamed Second Class in 1956). * January 5 – The Palais Garnier, one of the most famous opera houses in the world, is inaugurated in Paris. * January 12 – Guangxu becomes the 11th Qing Dynasty Emperor of China at the age of 3, in succession to his cousin. * January 14 – The newly proclaimed King Alfonso XII of Spain (Queen Isabella II's son) arrives in Spain to restore the monarchy during the Third Carlist War. * February 3 – Third Carlist War – Battle of Lácar: Carlist commander Torcuato Mendíri secures a brilliant victory, when he surprises and routs a Government force under General Enrique Bargés at Lácar, east of Estella, nearly capturing newly crowned King Alfonso XII. The Carl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1875 In Case Law
Events January–March * January 1 – The Midland Railway of England abolishes the Second Class passenger category, leaving First Class and Third Class. Other British railway companies follow Midland's lead during the rest of the year (Third Class is renamed Second Class in 1956). * January 5 – The Palais Garnier, one of the most famous opera houses in the world, is inaugurated in Paris. * January 12 – Guangxu becomes the 11th Qing Dynasty Emperor of China at the age of 3, in succession to his cousin. * January 14 – The newly proclaimed King Alfonso XII of Spain (Queen Isabella II's son) arrives in Spain to restore the monarchy during the Third Carlist War. * February 3 – Third Carlist War – Battle of Lácar: Carlist commander Torcuato Mendíri secures a brilliant victory, when he surprises and routs a Government force under General Enrique Bargés at Lácar, east of Estella, nearly capturing newly crowned King Alfonso XII. The Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Blackburn Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugh Cairns, 1st Earl Cairns
Hugh McCalmont Cairns, 1st Earl Cairns (27 December 1819 – 2 April 1885), was an Irish-born British statesman who served as Lord High Chancellor of Great Britain during the first two ministries of Benjamin Disraeli. He was one of the most prominent Conservative statesmen in the House of Lords during this period of Victorian politics. He served as the seventeenth Chancellor of the University of Dublin between 1867 and 1885. Background and education Cairns was born at Cultra, County Down, Ireland. His father, William Cairns, formerly a captain in the 47th regiment, came from a family of Scottish origin which moved to Ireland around 1715. Hugh Cairns was the second son, and was educated at Belfast Academy and at Trinity College Dublin, graduating with a senior moderatorship in classics in 1838.''Alumni Dublinenses : a register of the students, graduates, professors and provosts of Trinity College in the University of Dublin (1593–1860)'', George Dames Burtchaell/ Thomas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Void (law)
In law, void means of no legal effect. An action, document, or transaction which is void is of no legal effect whatsoever: an absolute nullity—the law treats it as if it had never existed or happened. The term void ''ab initio'', which means "to be treated as invalid from the outset", comes from adding the Latin phrase ''ab initio'' (from the beginning) as a qualifier. For example, in many jurisdictions where a person signs a contract under duress, that contract is treated as being void ''ab initio''. The frequent combination "null and void" is a legal doublet. The term is frequently used in contradistinction to the term "voidable" and "unenforceable". Definitions '' Black's Law Dictionary'' defines 'void' as: In the case of a contract, this means there is no legal obligation, therefore there can be no breach of contract since the contract is null, but there may be an implied contract which requires the recipient of goods or services provided to pay their reasonable val ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exchequer Chamber
The Court of Exchequer Chamber was an English appellate court for common law civil actions before the reforms of the Judicature Acts of 1873–1875. It originated in the fourteenth century, established in its final form by a statute of 1585. The court heard references from the King's Bench, the Court of Exchequer and, from 1830, directly rather than indirectly from the Court of Common Pleas. It was constituted of four judges belonging to the two courts that had been uninvolved at first instance. In cases of exceptional importance such as the ''Case of Mines'' (1568) and '' R v Hampden'' (1637) twelve common law judges, four from each division below, sitting in Exchequer Chamber, might be asked to determine a point of law, the matter being referred by the court hearing the case rather than the parties. Though further appeal to the House of Lords was possible, this was rare before the nineteenth century. As a rule, a judgment of the Exchequer Chamber was considered the definitive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ( conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase ''signed, sealed and delivered'' refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or ''specialty''; in the United States, a specialty is e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exchequer
In the civil service of the United Kingdom, His Majesty’s Exchequer, or just the Exchequer, is the accounting process of central government and the government's '' current account'' (i.e., money held from taxation and other government revenues) in the Consolidated Fund. It can be found used in various financial documents including the latest departmental and agency annual accounts. It was the name of a British government department responsible for the collection and the management of taxes and revenues; of making payments on behalf of the sovereign and auditing official accounts. It also developed a judicial role along with its accountancy responsibilities and tried legal cases relating to revenue. Similar offices were later created in Normandy around 1180, in Scotland around 1200 and in Ireland in 1210. Etymology The Exchequer was named after a table used to perform calculations for taxes and goods in the medieval period. According to the '' Dialogus de Scaccario'' ('Dia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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