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Crown Proceedings Act 1947
The Crown Proceedings Act 1947 (c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party. The Act also reasserted the common law doctrine of Crown privilege but by making it, for the first time, justiciable paved the way for the development of the modern law of public interest immunity. The Act received royal assent on 31 July 1947 and came into force on 1 January 1948. There remain significant differences between Crown proceedings and claims between private parties, especially as to enforcement of judgments. Background Before the Act, the Crown could not be sued in contract. However, as it was seen to be desirable that Crown contractors could obtain redress, they would otherwise be inhibited from taking on such work, so a petition of right came to be used in such situations, especially after the Petitions of Right Act 1860 simplified the process.Bradle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Jowitt, 1st Earl Jowitt
William Allen Jowitt, 1st Earl Jowitt, (15 April 1885 – 16 August 1957) was a British Liberal Party, National Labour and then Labour Party politician and lawyer who served as Lord Chancellor under Clement Attlee from 1945 to 1951. Background and education He was born in Stevenage, Hertfordshire, the son of Reverend William Jowitt, Rector of Stevenage, by his wife Louisa Margaret Allen. At the age of nine, he was sent to Northaw Place, a preparatory school in Potters Bar, Middlesex, where he first met and was looked after by fellow student Clement Attlee, the future Labour Party Prime Minister of the United Kingdom. From Northaw he went to Marlborough College, then to New College, Oxford where he studied law. He was admitted to the Middle Temple on 15 November 1906 and was called to the Bar on 23 June 1909. Legal and political career (1922–1931) Jowitt became a member of chambers in Brick Court in London. He proved himself a skilled advocate, attracting attention for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. In 2007, Jacqui Smith became the first female home secretary. The incumbent home secretary is Suella Braverman. The office holder works alongside the ot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person. Definitions According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personality ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of 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 Courts of England and Wales#Senior Courts of England and Wales, 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 of England and Wales, Lord Chief Justice and the Master of the Rolls, 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 (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...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] |
Douglas Hogg, 1st Viscount Hailsham
Douglas McGarel Hogg, 1st Viscount Hailsham (28 February 1872 – 16 August 1950) was a British lawyer and Conservative politician who twice served as Lord Chancellor, in addition to a number of other Cabinet positions. Mooted as a possible successor to Stanley Baldwin as party leader for a time in the very early 1930s, he was widely considered to be one of the leading Conservative politicians of his generation. Early life Born in London, Hogg was the son of the merchant and philanthropist Quintin Hogg and of Alice Anna Hogg, ''née'' Graham (d. 1918). Both of his grandfathers, Sir James Hogg, 1st Baronet, and William Graham, were Members of Parliament. He was educated at Cheam School and Eton College, before spending eight years working for the family firm of sugar merchants, spending time in the West Indies and British Guiana. During the Boer War he served with the 19th (Berwick and Lothian) Yeomanry, and was wounded in action and decorated. Legal career Returning from Sou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bill (proposed Law)
A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature as well as, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an '' act of the legislature'', or a ''statute''. Bills are introduced in the legislature and are discussed, debated and voted upon. Usage The word ''bill'' is primarily used in Anglophone United Kingdom and United States, the parts of a bill are known as ''clauses'', until it has become an act of parliament, from which time the parts of the law are known as ''sections''. In Napoleonic law nations (including France, Belgium, Luxembourg, Spain and Portugal), a proposed law may be known as a "law project" (Fr. ''projet de loi''), which is a government-introduced bill, or a "law proposition" (Fr. ''proposition de loi''), a private member's bill. For example the Dutch parliamentary system does not make this terminological distinction (''wetsontwe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hewart
Gordon Hewart, 1st Viscount Hewart, (7 January 1870 – 5 May 1943) was a politician and judge in the United Kingdom. Background and education Hewart was born in Bury, Lancashire, the eldest son of Giles Hewart, a draper, and Annie Elizabeth Jones. He was educated at Bury Grammar School, Manchester Grammar School and University College, Oxford. Political and legal career Hewart began his career as a journalist for the ''Manchester Guardian'' and the '' Morning Leader''. He was called to the bar at the Inner Temple in 1902, joining the Northern Circuit. He took silk in 1912. He was a Liberal Member of Parliament for Leicester from 1913, and, after the constituency was divided in 1918, Leicester East. An advanced Liberal, he was appointed Solicitor General in 1916, receiving the customary knighthood, and was sworn of the Privy Council in 1918. He was Attorney General from 10 January 1919 to 6 March 1922. He was given a seat in the Cabinet in 1921. While in office, he refused of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British House Of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom. Like the upper house, the House of Lords, it meets in the Palace of Westminster in London, England. The House of Commons is an elected body consisting of 650 members known as members of Parliament (MPs). MPs are elected to represent constituencies by the first-past-the-post system and hold their seats until Parliament is dissolved. The House of Commons of England started to evolve in the 13th and 14th centuries. In 1707 it became the House of Commons of Great Britain after the political union with Scotland, and from 1800 it also became the House of Commons for Ireland after the political union of Great Britain and Ireland. In 1922, the body became the House of Commons of the United Kingdom of Great Britain and Northern Ireland after the independence of the Irish Free State. Under the Parliament Acts 1911 and 1949, the Lords' power to reject legislation was reduced to a delaying power. The gov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Brougham, 1st Baron Brougham And Vaux
Henry Peter Brougham, 1st Baron Brougham and Vaux, (; 19 September 1778 – 7 May 1868) was a British statesman who became Lord High Chancellor and played a prominent role in passing the 1832 Reform Act and 1833 Slavery Abolition Act. Born in Edinburgh, Brougham helped found the ''Edinburgh Review'' in 1802 before moving to London, where he qualified as a barrister in 1808. Elected to the House of Commons in 1810 as a Whig, he was Member of Parliament for some constituencies until becoming a peer in 1834. Brougham won popular renown for helping defeat the 1820 Pains and Penalties Bill, an attempt by the widely disliked George IV to annul his marriage to Caroline of Brunswick. He became an advocate of liberal causes including abolition of the slave trade, free trade and parliamentary reform. Appointed Lord Chancellor in 1830, he made a number of reforms intended to speed up legal cases and established the Central Criminal Court. He never regained government office af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
