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British South Africa Co V Companhia De Moçambique
The Moçambique rule, or (to adopt an Anglicisation, anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions. It was established in 1893 by the Judicial functions of the House of Lords, House of Lords decision in ''British South Africa Co v. Companhia de Moçambique'' [1893] Case citation#Law Reports, AC 602. Essentially, it is a self-imposed rule to limit jurisdiction in respect of actions relating to: * title to foreign land * possession to foreign land * damages of trespass to foreign land. In ''Hesperides Hotels v Muftizade'' Richard Wilberforce, Baron Wilberforce, Lord Wilberforce referred to the ruling in ''Mozambique'' in the following terms: "Subject to exceptions hereafter mentioned, the court has no jurisdiction to entertain an action for (1) the determin ...
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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, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and 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 Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, 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 the use of special courts for ...
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Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ...
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Lucasfilm Ltd V Ainsworth
was a 2011 court ruling by the Supreme Court of the United Kingdom.. The case concerned an intellectual property dispute over the production of Lucasfilm's Stormtrooper costumes by model maker Andrew Ainsworth. Ainsworth argued that the helmets, which he continues to manufacture and sell, were functional props covered only by design right legislation, as opposed to Lucasfilm's assertion that they were sculptures or art which fall under copyright law. Design right protection is retained for 15 or 10 years, whereas copyright protection in this case would last 70 years after the death of the author. Case background The Stormtrooper character first appeared in the film '' Star Wars Episode IV: A New Hope''. The character was conceived by George Lucas, designed by artist Ralph McQuarrie, sculpted by Liz Moore and Brian Muir, and finally molded from the existing designs by Andrew Ainsworth. Before the case came to court, Ainsworth had sold replica Stormtrooper outfits online for ...
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Potter V Broken Hill Pty Co Ltd
A potter is someone who makes pottery. Potter may also refer to: Places United States *Potter, originally a section on the Alaska Railroad, currently a neighborhood of Anchorage, Alaska, US * Potter, Arkansas * Potter, Nebraska * Potters, New Jersey *Potter, New York * Potter, Wisconsin *Potter County, Pennsylvania * Potter County, South Dakota *Potter County, Texas * Potter Lake, Wisconsin * Potter Township (other) * Potter Valley, California ** Potter Valley AVA, California wine region in Mendocino County * Potter Cemetery, Michigan Elsewhere * 7320 Potter, an asteroid * Potter Island, Nunavut, Canada *Potter Peninsula, South Shetland Islands People and fictional characters *Potter (name), a given name and a surname, including a list of people and fictional characters with the name Arts, entertainment, and media * ''Potter'' (TV series), a TV sitcom starring Arthur Lowe *Harry and the Potters, an American rock band * ''Harry Potter'', worldwide bestselling book and f ...
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Potter V Broken Hill Proprietary Company Ltd
A potter is someone who makes pottery. Potter may also refer to: Places United States *Potter, originally a section on the Alaska Railroad, currently a neighborhood of Anchorage, Alaska, US *Potter, Arkansas * Potter, Nebraska *Potters, New Jersey *Potter, New York *Potter, Wisconsin *Potter County, Pennsylvania *Potter County, South Dakota *Potter County, Texas * Potter Lake, Wisconsin *Potter Township (other) *Potter Valley, California ** Potter Valley AVA, California wine region in Mendocino County * Potter Cemetery, Michigan Elsewhere * 7320 Potter, an asteroid * Potter Island, Nunavut, Canada *Potter Peninsula, South Shetland Islands People and fictional characters *Potter (name), a given name and a surname, including a list of people and fictional characters with the name Arts, entertainment, and media * ''Potter'' (TV series), a TV sitcom starring Arthur Lowe *Harry and the Potters, an American rock band * ''Harry Potter'', worldwide bestselling book and film se ...
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Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of acts of the Parliament of the United Kingdom, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two acts were the Supreme Court of Judicature Act 1873 ( 36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 ( 38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the o ...
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Chancery Division
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high-value and high-importance civil law (non-criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged int ...
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Tyburn Productions V Conan Doyle
Tyburn was a manor (estate) in London, Middlesex, England, one of two which were served by the parish of Marylebone. Tyburn took its name from the Tyburn Brook, a tributary of the River Westbourne. The name Tyburn, from Teo Bourne, means 'boundary stream'.Gover, J. E. B., Allen Mawer and F. M. Stenton ''The Place-Names of Middlesex''. Nottingham: English Place-Name Society, The, 1942: 6. The parish, and probably therefore also the manor, was bounded by Roman roads to the west (modern Edgware Road) and south (modern Oxford Street). The junction of these was the site of the famous Tyburn Gallows (known colloquially as the "Tyburn Tree"), now occupied by Marble Arch. For many centuries the name Tyburn was synonymous with capital punishment: it was the principal place for execution for London and Middlesex criminals and convicted traitors, including many religious martyrs. In the 18th century it was also known as "God's Tribunal". Hangings at Tyburn often included a sometimes rau ...
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Vinelott J
Sir John Evelyn Vincent Vinelott (15 October 1923 – 22 May 2006) was a leading barrister at the Chancery bar and an English High Court judge in the Chancery Division from 1978 to 1994. Biography He was born in Gillingham, Kent, and studied at Queen Elizabeth's Grammar School, Faversham. He started to read English at Goldsmiths, University of London, but his studies were interrupted by Second World War. He enlisted with the Royal Navy Volunteer Reserve before he graduated: the master-at-arms told him that hyphenated surname ("Vine-Lott") were not used on the lower decks. He was later commissioned as a sub-lieutenant, but retained his new unhyphenated surname. He was sent to the School of Oriental and African Studies to learn Japanese, and served on destroyers in the Far East, reading Japanese signals. He bought a copy of Ludwig Wittgenstein's ''Tractatus Logico-Philosophicus'' in Colombo, which made him determined to study philosophy after the war. He returned to his stud ...
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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 ...
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Farrer Herschell, 1st Baron Herschell
Farrer Herschell, 1st Baron Herschell, (2 November 1837 – 1 March 1899), was Lord High Chancellor of Great Britain in 1886, and again from 1892 to 1895. Life Childhood and education Herschell was born on 2 November 1837 in Brampton, Hampshire. His parents were Helen Skirving Mowbray and the Rev. Ridley Haim Herschell, who was a native of Strzelno, in Prussian Poland. When Ridley was a young man, he converted from Judaism to Christianity and took a leading part in founding the British Society for the Propagation of the Gospel Among the Jews. He eventually settled down to the charge of a Nonconformist chapel near the Edgware Road, in London, where he ministered to a large congregation. Farrer was educated at a grammar school in South London and attended lectures at the University of Bonn as a teenager, where his family lived for six months in 1852. In 1857 he took his BA degree with honours in Greek and mathematics at University College London, receiving prizes in logi ...
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