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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 t ... [...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] |
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 The Act repealed the relevant common law and made new provision for contribution between persons who are jointly or severally, or both jointly and severally, liable for the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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Sumption, Lord Sumption
Jonathan Philip Chadwick Sumption, Lord Sumption, (born 9 December 1948), is a British author, medieval historian and former senior judge who sat on the Supreme Court of the United Kingdom between 2012 and 2018. Sumption was sworn in as a Justice of the Supreme Court on 11 January 2012, succeeding Lawrence Collins, Baron Collins of Mapesbury. Exceptionally, he was appointed to the Supreme Court directly from the practising Bar, without having been a full-time judge. He retired from the Supreme Court on 9 December 2018 upon reaching the mandatory retirement age of 70. Sumption is well known for his role as a barrister in many legal cases. They include appearances in the Hutton Inquiry on HM Government's behalf, in the Three Rivers case, his representation of former Cabinet Minister Stephen Byers and the Department for Transport in the Railtrack private shareholders' action against the British Government in 2005, for defending HM Government in an appeal hearing brought by Bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lister V Hesley Hall Ltd
''Lister v Hesley Hall Ltd'' 001UKHL 22is an English tort law case, creating a new precedent for finding where an employer is vicarious liability, vicariously liable for the torts of their employees. Prior to this decision, it had been found that sexual abuse by employees of others could not be seen as in the course of their employment, precluding recovery from the employer. The majority of the House of Lords however overruled the Court of Appeal, and these earlier decisions, establishing that the "relative closeness" connecting the tort and the nature of an individual's employment established liability. Facts A boarding house (Axeholme House) for Wilsic Hall School, in Doncaster was opened in 1979; the principal students to live there having behavioural and emotional difficulties. The claimants in the instant case had resided there between the years 1979 to 1982, being aged 12 to 15 during this time, under the care of a warden, who was in charge of maintaining discipline and the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Nicholls
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge (England and Wales), High Court judge on 30 September 1983, receiving the customary Knight Bachelor, knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council of the United Kingdom, Privy Council. He became Chancellor of the High Court, Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Millett
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004. Biography Early life The son of Denis and Adele Millett, he was educated at Harrow School, London, and at Trinity Hall, Cambridge, where he received a Master of Arts in Classics and Law in 1954, graduating with a Double First. From 1955 to 1957 he served as a Flying Officer in the Royal Air Force. He was awarded an honorary fellowship by Queen Mary, University of London in 2012. Legal career Millett was called to the bar at Middle Temple in 1955. In 1959, he joined Lincoln's Inn, where he was appointed a bencher in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner and lecturer in practical conveyancing at the Council of Legal Education from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1975 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arthur Hobhouse, 1st Baron Hobhouse
Arthur Hobhouse, 1st Baron Hobhouse, (10 November 18196 December 1904) was an English lawyer and judge. Background and education Born at Hadspen House, Somerset, Hobhouse was the fourth and youngest son of Henry Hobhouse, permanent under-secretary of state in the Home Office, by his wife Harriet, sixth daughter of John Turton of Sugnall Hall, Stafford. Edmund Hobhouse, Bishop of Nelson, and Reginald Hobhouse (1818–95), Archdeacon of Bodmin, were elder brothers. Passing at eleven from a private school to Eton, he remained there seven years (1830–7). In 1837 he went to Balliol College, Oxford, graduated B.A. in 1840 with a first class in classics, and proceeded M.A. in 1844. Entering at Lincoln's Inn on 22 April 1841, he was called to the bar on 6 May 1845, and soon acquired a large chancery and conveyancing practice. Early legal career In 1862 he became a Queen's Counsel and a bencher of his inn, serving the office of treasurer in 1880–1 and practised in the Rol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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