Dubai Aluminium Co Ltd V Salaam
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Dubai Aluminium Co Ltd V Salaam
''Dubai Aluminium Co Ltd v Salaam'' [2002UKHL 48is an English vicarious liability case, concerning also breach of trust and dishonest assistance. Facts Salaam's solicitors were seeking contribution for damages because of their former client. Mr Salaam had defrauded Dubai Aluminium Co Ltd. Mr Salaam's solicitors were Amhurst Brown Martin & Nicholson, and they had drafted documents for him. Amhurst's had been sued and had settled a $10m claim. Then, they sought contribution from Mr Salaam under the Civil Liability (Contribution) Act 1978. This required showing that Amhurst's was liable for wrongful acts by Mr Anthony Amhurst, under the Partnership Act 1890 section 10. Judgment Court of Appeal The majority of the Court of Appeal,001QB 113 Evans LJ and Aldous LJ, held that the firm was not vicariously liable for the dishonest acts of Mr Salaam, and so was not entitled to a contribution from Mr Salaam for settling the claim by Dubai Aluminium. Turner J dissented. Mr Salaam argued ...
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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 Impeachment in the United Kingdom, 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 b ...
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Civil Liability (Contribution) Act 1978
The Civil Liability (Contribution) Act 1978 (c 47) is an Act of the Parliament of the United Kingdom. The Act repealed the relevant common law and made new provision for contribution between persons who are jointly or severally, or both jointly and severally, liable for the same damage and in certain other similar cases where two or more persons have paid or may be required to pay compensation for the same damage; and to amend the law relating to proceedings against persons jointly liable for the same debt or jointly or severally, or both jointly and severally, liable for the same damage. The core principle of the Act is set out in section 1(1): Subject to the following provisions ... any person liable in respect of any damage suffered by another person may recover contribution from any other person liable in respect of the same damage (whether jointly with him or otherwise). The Act applies to England, Wales and Northern Ireland.Section 8. Interpretation In it was held that ...
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Partnership Act 1890
The Partnership Act 1890 (c. 39) is an Act of the Parliament of the United Kingdom which governs the rights and duties of people or corporate entities conducting business in partnership. A partnership is defined in the act as 'the relation which subsists between persons carrying on a business in common with a view of profit.' Main provisions A partnership can arise through conduct, oral agreement, or a written contract known as a partnership agreement. The minimum membership is two and the maximum is unlimited since 2002. The provisions of the Partnership Act 1890 apply unless expressly or implicitly excluded by agreement of the partners. Each partner is entitled to participate in management, get an equal share of profit, an indemnity in respect of liabilities assumed in the course of business and the right to not be expelled by other partners. A partnership ends on the death of a partner, unless an agreement is made prior to the deaths. Complexities Liability of partners In En ...
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Evans LJ
Sir Anthony Howell Meurig Evans, (born 11 June 1934) is an internationally known jurist, judge, and barrister, and a former Lord Justice of Appeal. He currently holds the office of Chief Justice of the Dubai International Financial Centre Courts and is the first person to hold that office. Sir Anthony was appointed to the post in April 2005 by Sheikh Maktoum bin Rashid Al Maktoum, who was then ruler of Dubai. He formerly held high judicial office in the courts of England and Wales, sitting on the Court of Appeal and the Queen's Bench Division of the High Court of Justice 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 (Englan ..., including the Commercial Court (which is part of the Queen's Bench Division. References 1934 births 20th-century English judges Living people Lor ...
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Aldous LJ
Sir William Aldous (17 March 1936 – 17 March 2018) was an English judge and a judge in the Gibraltar Court of Appeal. Biography Born in Suffolk, Aldous was the son of barrister Guy Aldous QC and his wife, Gill Henson, daughter of Gino Henson, MFH, Master of the Blankney Hunt. Growing up in East Anglia, Aldous was a keen and eager huntsman from an early age. His father was MFH of the Essex and Suffolks, a responsibility that he passed onto Willie Aldous in 1970. He ceased hunting for real in 1976 to rejoin a serious career as a London barrister. Aldous achieved considerable success in the practice of intellectual property law that took him all the way to the bench of the Patents Court. William Aldous was head of barristers' chambers at 6 Pump Court, Inner Temple from 1980 to 1988. In 1988 he was appointed to the High Court bench and assigned to the Patents Court of the Chancery Division. In January 1993 his judgment reflected a trend towards the freedom to publish. The ...
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Turner J
Turner may refer to: People and fictional characters *Turner (surname), a common surname, including a list of people and fictional characters with the name * Turner (given name), a list of people with the given name *One who uses a lathe for turning *Sean and Dorothy Turner are the protagonists of '' Servant'' as is their infant "son" Jericho. Places Australia *Turner, Australian Capital Territory * Turner River, Western Australia Canada *Turner, Ontario United States *Turner, Mississippi County, Arkansas *Turner, Phillips County, Arkansas *Turner, former name of Tuttle, California * Turner, Indiana *Turner, Kansas *Turner, Maine, a New England town **Turner (CDP), Maine, within the town of Turner * Turner, Michigan * Turner, Montana *Turner, Oregon *Turner, Washington * Turner, West Virginia * Turner Air Force Base, outside Albany, Georgia *Turner County, Georgia *Turner County, South Dakota Businesses *Turner Broadcasting System, part of WarnerMedia, managed a collection of ca ...
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