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Bates V Post Office Ltd (No 3)
''Bates v Post Office Ltd (No 3)'' [2019EWHC 606 (QB)is a part judgment (1 of 6), made in the group litigation order case of ''Bates & Others v Post Office Ltd'', an English contract law case, concerning the term of good faith and the British Post Office scandal. Facts 550 sub-postmasters and others claimed that the Post Office’s Horizon software system for sales and accounting was defective and threw up accounting shortfalls for which the Post Office then wrongly held them accountable. They argued this was a breach of contract, and good faith. The Post Office argued that the claimants were responsible for the shortfalls. This represented actual money missing, and brought many prosecutions, culminating in the British Post Office scandal. Judgment In the High Court, Fraser J, held there was a relational contract with a duty of good faith, fair dealing and transparency in the terms on liability, payment, termination and suspension in the contract. Some provisions were too unusual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Telecommunications Plc V Telefónica O2 UK Ltd
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *'' Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equitable Life Assurance Society V Hyman
''Equitable Life Assurance Society v Hyman'' Equitable Life (est 1762) issued ‘with profits’ life assurance policies, which are a way of saving for retirement. If policy holders took benefits as a taxable Annuity (European financial arrangements)">annuity In investment, an annuity is a series of payments made at equal intervals.Kellison, Stephen G. (1970). ''The Theory of Interest''. Homewood, Illinois: Richard D. Irwin, Inc. p. 45 Examples of annuities are regular deposits to a savings account, m ... (i.e. with a payment annually), then they got tax exemptions on the premiums (and bonuses at the end of the year). They could choose to have their annuity at a "guaranteed annual rate" ("GAR") that would be fixed, or a "current annuity rate" ("CAR") that would fluctuate according to the market. The choice did not affect the premium. From 1993 the current annuity fell below the guaranteed one. Article 65 of the Equitable Life's Articles of Association said the directors could, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ludgate Insurance Co Ltd V Citibank NA
Ludgate was the westernmost gate in London Wall. Of Roman origin, it was rebuilt several times and finally demolished in 1760. The name survives in Ludgate Hill, an eastward continuation of Fleet Street, Ludgate Circus and Ludgate Square. Etymology According to legend Ludgate is named after King Lud. The claim by the Norman-Welsh Geoffrey of Monmouth in his '' Historia Regum Britanniae'' that the gate was named after the ancient British Lud. Lud was said to be the brother of King Cassivelaunus but some folklorists think he is a manifestation of the god Nodens. There are other suggestions for the origins of the name, although none has been universally accepted. Later writers said it was derived from "flood gate" or "Fleet gate", from "ludgeat", meaning "back gate" or " postern", or from the Old English term ''"hlid-geat"''''Charters of Abingdon Abbey, Volume 2'',Susan E. Kelly, Published for the British Academy by Oxford University Press, 2001, , pp.623-266''Geographica ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paragon Finance Plc V Nash
''Paragon Finance plc v Nash'' 001EWCA Civ 1466is an English contract law case concerning unfair contract terms. Facts Paragon (t/a National Home Loans Corporation plc until 1997) was claiming possession from Mr and Mrs Nash in South Norwood for late mortgage repayments. Paragon’s rate of interest was variable at its discretion. The Bank of England lowered its interest rate. Paragon did not ‘pass on’ the lower rate. Nash claimed that they were being made to pay substantially over the market rate of interest for secured loans, and were unable to find another lender because they had fallen into arrears. Mr & Mrs Nash argued that the interest rates were extortionate under the Consumer Credit Act 1974 section 138 (grossly exorbitant, grossly contravenes principles of fair trading; regard had to prevailing interest rates and risk). Judgment Dyson LJ held that the power to vary the interest rate at its discretion had to be exercised in a rational and honest way. This implied ter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paragon Finance Plc V Staunton
Paragon may refer to: Places *Paragon, Indiana, a town in the United States *Paragon, Nebraska, former community in the United States * The Paragon, Bath, a Georgian street in the Walcot area of Bath * The Paragon, Blackheath, London, built by Michael Searles * The Paragon, Singapore, a shopping mall * Siam Paragon, a shopping complex in Bangkok, Thailand *McLaren Technology Centre, formerly called the Paragon Technology Centre *Hull Paragon Interchange, a railway station and transportation complex in Kingston upon Hull, England * Paragon International School (Cambodia), a private school in Phnom Penh, Cambodia *Paragon International University, a private university in Phnom Penh, Cambodia Companies *Paragon China, a British manufacturer of bone china * Paragon Gaming, an American casino company * Paragon Group of Companies, a British mortgage lender *Paragon Software, a video game company founded in 1987 * Paragon Software Group, a software company founded in 1994 * Paragon Sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gan Insurance Co Ltd V Tai Ping Insurance Co Ltd (No 2)
The word Gan or the initials GAN may refer to: Places *Gan, a component of Hebrew placenames literally meaning "garden" China * Gan River (Jiangxi) * Gan River (Inner Mongolia), * Gan County, in Jiangxi province * Gansu, abbreviated ''Gān'' (甘), province of China * Jiangxi, abbreviated ''Gàn'' (赣), province of China Maldives * Gan (Addu Atoll) * Gan (Gaafu Dhaalu Atoll) * Gan (Huvadhu Atoll) * Gan (Laamu Atoll) Elsewhere * Gáň, a village and municipality in Galanta District, Trnava Region, south-west Slovakia * Gan Island, an island in the Addu Atoll in the Indian Ocean that used to be an RAF airbase * Gan, Norway, a village in Lillestrøm municipality, Norway * Gan, Pyrénées-Atlantiques, a commune in the Pyrénées-Atlantiques département, France Science and technology * GAN (gene) * Gan (Martian crater) * Gallium nitride, a popular III-V semiconductor * Generative adversarial network, a class of machine learning systems * Generic Access Network ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abu Dhabi National Tanker Co V Product Star Shipping Ltd, The Product Star (No 2)
Abu or ABU may refer to: Places * Abu (volcano), a volcano on the island of Honshū in Japan * Abu, Yamaguchi, a town in Japan * Ahmadu Bello University, a university located in Zaria, Nigeria * Atlantic Baptist University, a Christian university located in Moncton, New Brunswick, Canada * Elephantine, Egypt, known as Abu to the Ancient Egyptians * A. A. Bere Tallo Airport (IATA: ABU), in Atambua, Indonesia * Mount Abu, the highest mountain in the Indian state of Rajasthan People * Abu (Arabic term), a component of some Arabic names * Ab (Semitic), a common part of Arabic-derived names, meaning "father of" in Arabic * Abu al-Faraj (other) * Abu Baker Asvat, a murdered South African activist and medical doctor * Abu Ibrahim (other) * Abu Mohammed (other) * Abu Salim (other) * Abdul-Malik Abu (born 1995), American basketball player in the Israeli Premier Basketball League * Raneo Abu, Filipino politician Other uses * Abu (god), a minor god ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corsham
Corsham is a historic market town and civil parish in west Wiltshire, England. It is at the south-eastern edge of the Cotswolds, just off the A4 national route, southwest of Swindon, southeast of Bristol, northeast of Bath and southwest of Chippenham. Historically, Corsham was a centre for agriculture and later, the wool industry, and remains a focus for quarrying Bath Stone. It has several notable historic buildings; among them the stately home of Corsham Court. During the Second World War and the Cold War it became a major administrative and manufacturing centre for the Ministry of Defence, with numerous establishments both above ground and in disused quarry tunnels. The parish includes the villages of Gastard and Neston, which is at the gates of the Neston Park estate. History Corsham appears to derive its name from ''Cosa's hām'', "ham" being Old English for homestead, or village. The town is referred in the Domesday book as ''Cosseham''; the letter 'R' appea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inequality Of Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chitty On Contracts
''Chitty on Contracts'' is one of the leading textbooks covering English contract law. The textbook is now in its 34th edition. The first editors were Joseph Chitty the Younger and Thompson Chitty, sons of Joseph Chitty. Contents Volume I – General Principles *Part I – Introduction *Part 2 – Formation of Contract **Chapter 2 – The Agreement, Chapter 3 – Consideration, Chapter 4 – Form, Chapter 5 – Mistake, Chapter 6 – Misrepresentation, Chapter 7 – Duress and Undue Influence *Part 3 – Capacity of Parties **Chapter 8 – Personal Incapacity, Chapter 9 – Corporations and Unincorporated Associations, Chapter 10 – The Crown, Public Authorities and the European Union, Chapter 11 – Political Immunity and Incapacity *Part 4 – The Terms of Contract **Chapter 12 – Express Terms, Chapter 13 – Implied Terms, Chapter 14 – Exemption Clauses, Chapter 15 – Unfair Terms in Consumer Contracts *Part 5 – Illegality and Public Policy: **Chapter 16 – Illegality ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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