BBC V Johns
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BBC V Johns
''BBC v Johns'' 965Ch 32 is a case in UK administrative law. Facts The BBC argued that it was exempt from income tax, claiming to be a monopoly established by royal prerogative. Judgment The court disagreed, ruling that is not possible to create new prerogative powers, and tax exemptions could only be granted by legislation. The case is famous for the dictum of Lord Diplock who states that it is "350 years and a civil war too late for the Queen’s courts to broaden the royal prerogative". See also * '' R v Secretary of State for the Home Department, ex parte Northumbria Police Authority'' * '' BBC v Harper Collins'' * ''R (ProLife Alliance) v. BBC ''R (ProLife Alliance) v. BBC'' was a House of Lords case on the extent to which matters of good taste and decency are sufficient to justify the censorship of a party political broadcast. The ProLife Alliance had submitted a video that showed the ...'' External links * http://swarb.co.uk/the-british-broadcasting-corporation- ...
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Court Of Appeal (England And Wales)
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice and the Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The C ...
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Gordon Willmer
Sir Henry Gordon Willmer, OBE, TD (11 August 1899''England & Wales, Civil Registration Death Index, 1916-2007'' – 17 May 1983) was an English lawyer and judge. Willmer was from Birkenhead, Cheshire, the son of Arthur Willmer and the brother of the academic Nevill Willmer and the first-class cricketer Arthur Willmer. He was educated at Birkenhead School and Corpus Christi College, Cambridge. He was called to the bar by the Inner Temple in 1924 and practiced at the Admiralty bar. He took silk in 1939, shortly before the outbreak of the Second World War. He had retired from the Territorial Army in 1938, but in 1940 was commissioned and served in the coastal artillery. He was appointed to the High Court shortly after the war, in December 1945, receiving the customary knighthood, and was assigned to the Probate, Divorce and Admiralty Division. In 1958 he was appointed a Lord Justice of Appeal and was sworn of the Privy Council. He retired in 1969. In retirement he worked an ...
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Harold Danckwerts
Sir Harold Otto Danckwerts (23 February 1888 – 12 June 1978) was a lawyer, then senior judge of England and Wales (1949-1969). Career One of three sons and one daughter of William Otto Adolph Julius Danckwerts (German, but raised in South Africa and naturalised British) and Mary Caroline Lowther, Danckwerts was educated at Winchester College, Balliol College, Oxford, and Harvard University.''The Judges of England 1272-1990'', by Sir John Sainty (Selden Society, 1993) He was called to the bar by Lincoln's Inn in 1913. In World War I he served with the East Riding of Yorkshire Yeomanry and the Machine Gun Corps, achieving the rank of Captain, and was mentioned in despatches. He was appointed a Justice of the Chancery Division of the High Court of England and Wales on 1 June 1949, and received the customary knighthood shortly after. He was promoted to be a Lord Justice of Appeal in the Court of Appeal of England and Wales on 9 January 1961. Following that he was made a member of t ...
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Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. He ...
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UK Administrative Law
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for ...
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Income Tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Taxation rates may vary by type or characteristics of the taxpayer and the type of income. The tax rate may increase as taxable income increases (referred to as graduated or progressive tax rates). The tax imposed on companies is usually known as corporate tax and is commonly levied at a flat rate. Individual income is often taxed at progressive rates where the tax rate applied to each additional unit of income increases (e.g., the first $10,000 of income taxed at 0%, the next $10,000 taxed at 1%, etc.). Most jurisdictions exempt local charitable organizations from tax. Income from investments may be taxed at different (generally lower) rates than other types of income. Credits of various sorts may be allowed that reduce tax. Some jurisdicti ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ...
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Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ...
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R V Secretary Of State For The Home Department, Ex Parte Northumbria Police Authority
''R v Secretary of State for the Home Department, ex parte Northumbria Police Authority'' 9891 QB 26 was an English administrative law decision that first recognised the prerogative power to do whatever "was necessary to meet either an actual or an apprehended threat to the peace". It concerned the Home Office's decision to maintain a store of CS gas and plastic baton rounds. In 1986, a Home Office circular, 40/1986, authorised the Home Secretary to release this store to a police force without the approval of the Police Authority if Her Majesty's Inspectorate of Constabulary agreed that it was necessary. The Northumbria Police Authority brought a judicial review case against this decision, arguing that it was '' ultra vires''. The Divisional Court which heard the case recognised a prerogative power to keep the peace, which authorised the Home Office's actions. On appeal to the Court of Appeal of England and Wales, the decision was confirmed, although several more grounds fo ...
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BBC V Harper Collins
''BBC v HarperCollins'' (2010) EWHC 2424 was a 2010 case in English law, in which the BBC applied for an injunction to prevent HarperCollins publishing a book by Ben Collins, which was to reveal his identity as the racing driver known as 'The Stig' on the BBC's ''Top Gear'' programme. Judgement The BBC was not granted the injunction. HarperCollins thus released the book in September 2010. See also * ''BBC v Johns'' * ''R (ProLife Alliance) v. BBC'' References External linksBailii {{Top Gear High Court of Justice cases Harper Collins HarperCollins Publishers LLC is one of the Big Five English-language publishing companies, alongside Penguin Random House, Simon & Schuster, Hachette, and Macmillan. The company is headquartered in New York City and is a subsidiary of News Corp ... .• Top Gear 2010 in British television 2010 in United Kingdom case law English privacy case law ...
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R (ProLife Alliance) V
R, or r, is the eighteenth letter of the Latin alphabet, used in the modern English alphabet, the alphabets of other western European languages and others worldwide. Its name in English is ''ar'' (pronounced ), plural ''ars'', or in Ireland ''or'' . The letter is the eighth most common letter in English and the fourth-most common consonant (after , , and ). The letter is used to form the ending "-re", which is used in certain words such as ''centre'' in some varieties of English spelling, such as British English. Canadian English also uses the "-re" ending, unlike American English, where the ending is usually replaced by "-er" (''center''). This does not affect pronunciation. Name The name of the letter in Latin was (), following the pattern of other letters representing continuants, such as F, L, M, N and S. This name is preserved in French and many other languages. In Middle English, the name of the letter changed from to , following a pattern exhibited in man ...
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1965 In United Kingdom Case Law
Events January–February * January 14 – The Prime Minister of Northern Ireland and the Taoiseach of the Republic of Ireland meet for the first time in 43 years. * January 20 ** Lyndon B. Johnson is Second inauguration of Lyndon B. Johnson, sworn in for a full term as President of the United States. ** Indonesian President Sukarno announces the withdrawal of the Indonesian government from the United Nations. * January 30 – The Death and state funeral of Winston Churchill, state funeral of Sir Winston Churchill takes place in London with the largest assembly of dignitaries in the world until the 2005 funeral of Pope John Paul II. * February 4 – Trofim Lysenko is removed from his post as director of the Institute of Genetics at the Russian Academy of Sciences, Academy of Sciences in the Soviet Union. Lysenkoism, Lysenkoist theories are now treated as pseudoscience. * February 12 ** The African and Malagasy Republic, Malagasy Common Organization ('; OCA ...
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