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Cavendish Square Holding BV V Talal El Makdessi
, together with its companion case ''ParkingEye Ltd v Beavis'', are English contract law cases concerning the validity of penalty clauses and (in relation to ''ParkingEye Ltd v Beavis'') the application of the Unfair Terms in Consumer Contracts Directive. The UK Supreme Court ruled on both cases together on 4 November 2015, updating the established legal rule on penalty clauses and replacing the test of whether or not a disputed clause is "a genuine pre-estimate of loss" with a test asking whether it imposed a proportionate detriment in relation to any "legitimate interest" of the innocent party. Commentators on the ruling have noted that "these cases provide some welcome clarification to the law in this area". Facts ''Cavendish Square Holding BV v Makdessi'' In ''Makdessi'', because the issue of penalty clauses had been taken as a preliminary issue, the appeal was heard on the basis of an agreed set of facts (the court having not yet heard evidence or made any determinations). T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Macclesfield
Earl of Macclesfield is a title that has been created twice. The first creation came in the Peerage of England in 1679 in favour of the soldier and politician Charles Gerard, 1st Baron Gerard. He had already been created Baron Gerard, of Brandon in the County of Suffolk, in 1645, and was made Viscount Brandon, of Brandon in the County of Suffolk, at the same time as he was given the earldom. These titles are also in the Peerage of England. Lord Macclesfield was the great-grandson of the distinguished judge Sir Gilbert Gerard, Master of the Rolls from 1581 to 1594. He was succeeded by his eldest son, the second Earl. He was involved in the Rye House Plot of 1683, was sentenced to death but later pardoned by the King. On his death without legitimate issue in 1701 the titles passed to his younger brother, the third Earl. He had earlier represented Yarmouth, Lancaster and Lancashire in the House of Commons. When he died in 1702 the titles became extinct. William Dorington or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry * State Council State Council may refer to: Government * State Council of the Republic of Korea, the national cabinet of South Korea, headed by the President * State Council of the People's Republic of China, the national cabinet and chief administrative auth ... References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, MC, and of Mary Abraham, daughter of Charles Abraham, Bishop of Derby. He was educated at Lancing and at Magdalen College, Oxford, where he took a First in Jurisprudence in 1952. He was called to the Bar at Lincoln's Inn in 1953 and took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Court of Justice and assigned to the Chancery division, receiving the customary knighthood. He was promoted as a Lord Justice of Appeal in 1983, and was of sworn of the Privy Council. From 1985 to 1991 he was Vice-Chancellor, the ''de fac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Atiyah
Patrick Selim Atiyah, (5 March 1931 – 30 March 2018) was an English lawyer and academic. He was best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He was made a Fellow of the British Academy in 1979. Biography Patrick Selim Atiyah was born on 5 March 1931. He was a son of the Lebanese writer Edward Atiyah and his Scottish wife Jean. The mathematician Sir Michael Atiyah was his brother. As a child, Patrick lived in Sudan and Egypt. The family moved to England in 1945. Patrick attended primary school at Woking County Grammar School for Boys and went on to read law at Magdalen College, Oxford. Atiyah was professor of law at the Australian National University (1970–1973), at the University of Warwick (1973–1977) and professor of English law at the University of Oxford (1977–1988). He also was visiting Professor of Law at Harvard Law School (1982-1983). He died on 30 March 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philips Hong Kong
Koninklijke Philips N.V. (), commonly shortened to Philips, is a Dutch multinational conglomerate corporation that was founded in Eindhoven in 1891. Since 1997, it has been mostly headquartered in Amsterdam, though the Benelux headquarters is still in Eindhoven. Philips was formerly one of the largest electronics companies in the world, but is currently focused on the area of health technology, having divested its other divisions. The company was founded in 1891 by Gerard Philips and his father Frederik, with their first products being light bulbs. It currently employs around 80,000 people across 100 countries. The company gained its royal honorary title (hence the ''Koninklijke'') in 1998 and dropped the "Electronics" in its name in 2013, due to its refocusing from consumer electronics to healthcare technology. Philips is organized into three main divisions: Personal Health (formerly Philips Consumer Electronics and Philips Domestic Appliances and Personal Care), Connected ... [...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 recognised, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commercial Contracts
Commercial may refer to: * a dose of advertising conveyed through media (such as - for example - radio or television) ** Radio advertisement ** Television advertisement * (adjective for:) commerce, a system of voluntary exchange of products and services ** (adjective for:) trade, the trading of something of economic value such as goods, services, information or money * Two functional constituencies in elections for the Legislative Council of Hong Kong: **Commercial (First) **Commercial (Second) * ''Commercial'' (album), a 2009 album by Los Amigos Invisibles * Commercial broadcasting * Commercial style or early Chicago school, an American architectural style * Commercial Drive, Vancouver Commercial Drive is a roadway in the city of Vancouver in British Columbia, Canada that extends from Powell Street at its northern extremity, near the waterfront, south through the heart of the Grandview–Woodland neighbourhood to the Victori ..., a road in Vancouver, British Columbia, Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philips Hong Kong Ltd V Attorney General Of Hong Kong
Koninklijke Philips N.V. (), commonly shortened to Philips, is a Dutch multinational conglomerate corporation that was founded in Eindhoven in 1891. Since 1997, it has been mostly headquartered in Amsterdam, though the Benelux headquarters is still in Eindhoven. Philips was formerly one of the largest electronics companies in the world, but is currently focused on the area of health technology, having divested its other divisions. The company was founded in 1891 by Gerard Philips and his father Frederik, with their first products being light bulbs. It currently employs around 80,000 people across 100 countries. The company gained its royal honorary title (hence the ''Koninklijke'') in 1998 and dropped the "Electronics" in its name in 2013, due to its refocusing from consumer electronics to healthcare technology. Philips is organized into three main divisions: Personal Health (formerly Philips Consumer Electronics and Philips Domestic Appliances and Personal Care), Connected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Woolf
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 2003 to 2012. He sits in the House of Lords as a crossbencher. Early life Woolf was born in Newcastle upon Tyne, on 2 May 1933, to Alexander Susman Woolf and his wife Leah (). His grandfather Harry was a naturalised Briton of Polish and Russian Jewish origins. His father had been a fine art dealer, but was persuaded to run his own building business instead by his wife. They had four children, but their first child died, and his mother was protective of the three surviving children. Woolf lived in Newcastle-upon-Tyne until he was about five years old, when his f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diplock LJ
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
