Cuckmere Brick Co V Mutual Finance
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Cuckmere Brick Co V Mutual Finance
is an English tort law case, establishing the lender must publish/promote the materially beneficial key, intrinsic facts as to land in mortgage repossession sales. As it affects the duty of mortgagees (secured lenders), to that extent it can be considered within the periphery of English land law also. The tripartite panel at appeal established negligence on the part of the lender or its auctioneer agent. A 2-1 majority directed an enquiry as to damages (as opposed to rough award ordered at first instance) to be carried out. Facts In 1961, Cuckmere Brick Co had received planning permission to build 100 flats each with a garage on a site of near Maidstone, and received £50,000 mortgage financing from Mutual Finance who valued the land accordingly. By 1964, due to cash flow problems arising from other developments in which Cuckmere was involved, planning permission was subsequently received (with Mutual's approval) to build 35 houses, which would have incurred lower construction c ...
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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 ...
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Geoffrey Cross, Baron Cross Of Chelsea
Arthur Geoffrey Neale Cross, Baron Cross of Chelsea, PC (1 December 1904 – 4 August 1989) was a British barrister and judge who served as a Lord of Appeal in Ordinary between 1971 and 1975. Early life and career Geoffrey Cross was born in London, the elder child of Arthur George Cross, a quantity surveyor, and of Mary Elizabeth Cross, '' née'' Dalton. His younger brother, Rupert Cross, later became a prominent academic lawyer. Cross was educated at Westminster School, where he was a scholar, and Trinity College, Cambridge, where he took Firsts in both parts of the Classics tripos, as well as winning the Craven Scholarship in 1925. He was a fellow of Trinity College from 1927 to 1931, where he authored a notable work on Epirus. Though "he might have aspired to be a successor to Richard Porson or Sir Richard Jebb", Cross switched to law "for no discernible reason". He was called to the bar by the Middle Temple in 1930 and practiced at the Chancery bar. He developed ...
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1971 In Case Law
* The year 1971 had three partial solar eclipses ( February 25, July 22 and August 20) and two total lunar eclipses (February 10, and August 6). The world population increased by 2.1% this year, the highest increase in history. Events January * January 2 – 66 people are killed and over 200 injured during a crush in Glasgow, Scotland. * January 5 – The first ever One Day International cricket match is played between Australia and England at the Melbourne Cricket Ground. * January 8 – Tupamaros kidnap Geoffrey Jackson, British ambassador to Uruguay, in Montevideo, keeping him captive until September. * January 9 – Uruguayan president Jorge Pacheco Areco demands emergency powers for 90 days due to kidnappings, and receives them the next day. * January 12 – The landmark United States television sitcom ''All in the Family'', starring Carroll O'Connor as Archie Bunker, debuts on CBS. * January 14 – Seventy Brazilian political prisoners a ...
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Court Of Appeal (England And Wales) Cases
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 ordinar ...
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English Land 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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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ...
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David Arnold Scott Cairns
Sir David Arnold Scott Cairns (5 March 1902 – 8 September 1987), was a British judge and Liberal Party (UK), Liberal Party politician. Background Cairns was a son of David Cairns JP, a Freeman of Sunderland and Sarah Scott Cairns. He was educated at Sunderland College, Bede Grammar School for Boys, Sunderland and Pembroke College, Cambridge. In 1932 he married Irene Cathery Phillips. They had one son and two daughters. He was knighted in 1955. He was made a member of the Privy Council in 1970. Political career He was Liberal candidate for the Epsom (UK Parliament constituency), Epsom division of Surrey at the 1947 Epsom by-election. He did not stand for parliament again. However, the following year he was elected to Leatherhead Urban District Council. He served for two three-year terms. He was also actively involved inside the Liberal Party on policy development. From 1948-49 he was Chairman of the Liberal Party Commission on Trade Unions. From 1951-53 he was a memb ...
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Cyril Salmon, Baron Salmon
Cyril Barnet Salmon, Baron Salmon PC (28 December 1903 – 7 November 1991) was a British judge. Early life and career Cyril Barnet Salmon was the son of Montagu Salmon (1878-1943), tobacco merchant, and Marian Nina Trevor, née Abrahams, his wife. He was the grandson of Barnett Salmon (1829-1897) co-founder of Salmon & Gluckstein, tobacco merchants. He was educated at Mill Hill School and Pembroke College, Cambridge, where he read Law. He was called to the bar by the Middle Temple in 1925, and was the pupil of Walter Monckton, before joining the chambers of Lord Wright at 5 Crown Office. During World War II, Salmon was commissioned into the Royal Artillery in 1940, and was attached to the Eighth Army as a judge advocate. He ended the war with the rank of major. Salmon took silk in April 1945. His chambers had been destroyed by bombing during the war, and little of his pre-war practice remained. Nevertheless, Salmon successfully rebuilt his practice. He served as Recorder ...
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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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Power Of Sale
Power most often refers to: * Power (physics), meaning "rate of doing work" ** Engine power, the power put out by an engine ** Electric power * Power (social and political), the ability to influence people or events ** Abusive power Power may also refer to: Mathematics, science and technology Computing * IBM POWER (software), an IBM operating system enhancement package * IBM POWER architecture, a RISC instruction set architecture * Power ISA, a RISC instruction set architecture derived from PowerPC * IBM Power microprocessors, made by IBM, which implement those RISC architectures * Power.org, a predecessor to the OpenPOWER Foundation * SGI POWER Challenge, a line of SGI supercomputers Mathematics * Exponentiation, "''x'' to the power of ''y''" * Power function * Power of a point * Statistical power Physics * Magnification, the factor by which an optical system enlarges an image * Optical power, the degree to which a lens converges or diverges light Social sciences and ...
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Maidstone
Maidstone is the largest Town status in the United Kingdom, town in Kent, England, of which it is the county town. Maidstone is historically important and lies 32 miles (51 km) east-south-east of London. The River Medway runs through the centre of the town, linking it with Rochester, Kent, Rochester and the Thames Estuary. Historically, the river carried much of the town's trade as the centre of the agricultural county of Kent, known as the Garden of England. There is evidence of settlement in the area dating back before the Stone Age. The town, part of the borough of Maidstone, had an approximate population of 100,000 in 2019. Since World War II, the town's economy has shifted from heavy industry towards light industry and services. Toponymy Anglo-Saxon period of English history, Saxon charters dating back to ca. 975 show the first recorded instances of the town's name, ''de maeides stana'' and ''maegdan stane'', possibly meaning ''stone of the maidens'' or ''stone of the ...
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