Colls V Home And Colonial Stores
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Colls V Home And Colonial Stores
''Colls v Home and Colonial Stores'' 904UKHL 1 is an English tort law case concerning the entitlement to daylight where a right to light exists. Facts Home and Colonial Stores owned land at 44 Worship Street, Shoreditch, London EC2. They proposed to erect a tall building on the site. Colls owned a property immediately opposite number 44 and objected to the erection of the new building due to the effect this would have on light to a clerks’ office on the ground floor of his building. He applied for an injunction to restrain the new development. He argued that he was entitled to an easement, under section 3 of the Prescription Act 1832 The Prescription Act 1832c 71 is an Act of the Parliament of the United Kingdom concerning English land law, and particularly the method for acquiring an easement. It was passed on 1 August 1832. History Common law prescription assumed continuous ..., in respect of all the light currently enjoyed by his building. Judgment The House of Lords ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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Right To Light
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of "ancient lights". It is also possible for a right to light to exist if granted expressly by deed, or granted implicitly, for example under the rule in '' Wheeldon v. Burrows'' (1879). In England, the rights to ancient lights are most usually acquired under the Prescription Act 1832. In American common law the doctrine died out during the 19th century, and is generally no longer recognized in the United States. Japanese law provides for a comparable concept known as ''nisshōken'' (literally "right to sunshine"). Rights In effect, the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction on adjacent land that would block the light so as to deprive him or her of adeq ...
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Home And Colonial
Home and Colonial Stores was once one of the United Kingdom's largest retail chains. Its formation of a vast chain of retail stores in the late 1920s is seen as the first step in the development of a UK food retail market dominated by a small number of food multiples. History The business was founded by Julius Drewe (1856–1931), who went into partnership with John Musker in 1883, selling groceries at a small colonial goods store in Edgware Road in London. He subsequently opened stores in Islington, Birmingham and Leeds. The shops mainly sold tea; by 1885 they were trading as the 'Home & Colonial Tea Association'. On the incorporation of the business in 1888, William Slaughter took over as chairman. By the turn of the century the company had over 100 stores; by 1903, it had 500. Home and Colonial bought the share capital of Maypole Dairies of Wolverhampton from the Watson family in 1924. Between 1924 and 1931, several stores, including Liptons, merged with Home and Colonial to ...
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Shoreditch
Shoreditch is a district in the East End of London in England, and forms the southern part of the London Borough of Hackney. Neighbouring parts of Tower Hamlets are also perceived as part of the area. In the 16th century, Shoreditch was an important centre of the Elizabethan Theatre, and it has been an important entertainment centre since that time. Today, it hosts many pubs, bars and nightclubs. The most commercial areas lie closest to the city of London and along the A10 Road, with the rest mostly residential. Toponymy Early spellings of the name include ''Soredich'' (c.1148), ''Soresdic'' (1183–4), ''Sordig'' (1204), ''Schoresdich'' (1220–21), and other variants. Toponymists are generally agreed that the name derives from Old English "''scoradīc''", i.e. "shore-ditch", the shore being a riverbank or prominent slope; but there is disagreement as to the identity of the "shore" in question. A suggestion made by Eilert Ekwall in 1936 that the "ditch" might have been one leadi ...
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London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a major settlement for two millennia. The City of London, its ancient core and financial centre, was founded by the Romans as '' Londinium'' and retains its medieval boundaries.See also: Independent city § National capitals The City of Westminster, to the west of the City of London, has for centuries hosted the national government and parliament. Since the 19th century, the name "London" has also referred to the metropolis around this core, historically split between the counties of Middlesex, Essex, Surrey, Kent, and Hertfordshire, which largely comprises Greater London, governed by the Greater London Authority.The Greater London Authority consists of the Mayor of London and the London Assembly. The London Mayor is distinguished fr ...
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Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); '' Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); ''Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. D ...
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Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ...
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Prescription Act 1832
The Prescription Act 1832c 71 is an Act of the Parliament of the United Kingdom concerning English land law, and particularly the method for acquiring an easement. It was passed on 1 August 1832. History Common law prescription assumed continuous prescriptive rights from 1189 when the legal regime officially began, all time before which having been designated as time immemorial. The Prescription Act 1832 was written hastily as a response to a criticism by Jeremy Bentham, who proposed the complete elimination of common law. It practically supersedes common law prescription but does not actually invalidate it. Contents * s 1 (not officially numbered), claims to right of common and other profits-à-prendre not to be defeated after thirty years enjoyment by merely showing the commencement; after sixty years enjoyment the right to be absolute, unless had by consent or agreement. * s 2, In claims of right of way or other easement the periods to be twenty years and forty years. * ...
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Ancient Lights
Right to light is a form of easement in English law that gives a long-standing owner of a building with windows a right to maintain an adequate level of illumination. The right was traditionally known as the doctrine of "ancient lights". It is also possible for a right to light to exist if granted expressly by deed, or granted implicitly, for example under the rule in '' Wheeldon v. Burrows'' (1879). In England, the rights to ancient lights are most usually acquired under the Prescription Act 1832. In American common law the doctrine died out during the 19th century, and is generally no longer recognized in the United States. Japanese law provides for a comparable concept known as ''nisshōken'' (literally "right to sunshine"). Rights In effect, the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction on adjacent land that would block the light so as to deprive him or her of adeq ...
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English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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1904 In Case Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ...
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Lord Lindley Cases
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation " lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had ...
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