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British South Africa Co V Companhia De Moçambique
The Moçambique rule, or (to adopt an 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 House of Lords decision in ''British South Africa Co v. Companhia de Moçambique'' 893 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'' 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 determination of title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery of ... [...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 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 became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of 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 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 decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. Mr 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lucasfilm Limited 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. Mr 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter V Broken Hill Pty Co Ltd
''Potter v Broken Hill Pty Co Ltd'', was a significant Australian court case, decided in the High Court of Australia on 20 March 1906. The case was an influential decision in Australian Private International Law which is generally regarded as based on an extension of the Moçambique rule to actions for infringement of patents.. Facts Charles Potter was an analytical chemist who lived in Melbourne, Victoria who in 1901 obtained patents in New South Wales and Victoria for a froth flotation process using sulphuric acid to separate silver, lead and zinc ores from waste. The Broken Hill Proprietary Company, now BHP, was incorporated in Victoria and operated a silver, lead and zinc mine Broken Hill. Guillaume Delprat, the General Manager of BHP, claimed to have discovered a similar process, and this was used at BHP's mine.. Potter commenced proceedings in the Supreme Court of Victoria. BHP denied the novelty and utility of the patented process, but also that an action for the infrin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter V Broken Hill Proprietary Company Ltd
''Potter v Broken Hill Pty Co Ltd'', was a significant Australian court case, decided in the High Court of Australia on 20 March 1906. The case was an influential decision in Australian Private International Law which is generally regarded as based on an extension of the Moçambique rule to actions for infringement of patents.. Facts Charles Potter was an analytical chemist who lived in Melbourne, Victoria who in 1901 obtained patents in New South Wales and Victoria for a froth flotation process using sulphuric acid to separate silver, lead and zinc ores from waste. The Broken Hill Proprietary Company, now BHP, was incorporated in Victoria and operated a silver, lead and zinc mine Broken Hill. Guillaume Delprat, the General Manager of BHP, claimed to have discovered a similar process, and this was used at BHP's mine.. Potter commenced proceedings in the Supreme Court of Victoria. BHP denied the novelty and utility of the patented process, but also that an action for the infrin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, 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 objects of the act were threefold: *t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 into t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tyburn Productions V Conan Doyle
Tyburn was a manor (estate) in the county of Middlesex, one of two which were served by the parish of Marylebone. The parish, 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 this reason, for many centuries, the name Tyburn was synonymous with capital punishment, it having been the principal place for execution of London criminals and convicted traitors, including many religious martyrs. It was also known as 'God's Tribunal', in the 18th century. 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. but Tyburn Brook should not be confused with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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. 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 studies at Quee ... [...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] |
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, University of London, receivin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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