Frank Douglas MacKinnon
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Frank Douglas MacKinnon
Sir Frank Douglas MacKinnon (11 February 1871 – 23 January 1946) was an English lawyer, judge and writer, the only High Court judge to be appointed during the First Labour Government. Early life and legal practice Born in Highgate, London, the eldest son of 7 children of Benjamin Thomas, a Lloyd's underwriter and Katherine ''née'' Edwards, he attended Highgate School and Trinity College, Oxford, graduating in classics (1892) and '' literae humaniores'' (1894). MacKinnon was called to the bar by the Inner Temple in 1897 and became a pupil of Thomas Edward ScruttonRubin (2004) where he was a contemporary of James Richard Atkin, later to become Lord Atkin. When Scrutton became a QC in 1901, MacKinnon benefited from Scrutton's former junior practice in commercial law. MacKinnon's brother, Sir Percy Graham MacKinnon (1872–1956) was, from time to time, chairman of Lloyd's and his family connections helped build his practice. MacKinnon married Frances Massey in 1906 and t ...
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Commercial Law
Commercial law, also known as mercantile law or trade law, is the body of law that applies to the rights, relations, and conduct of persons and business engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership. Many of these categories fall within Financial law, an aspect of Commercial law pertaining specifically to financing and the financial markets. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law. In the United States, commercial law is the pr ...
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Assizes
The courts of assize, or assizes (), were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes exercised both civil and criminal jurisdiction, though most of their work was on the criminal side. The assizes heard the most serious cases, which were committed to it by the quarter sessions (local county courts held four times per year), while the more minor offences were dealt with summarily by justices of the peace in petty sessions (also known as magistrates' courts). The word ''assize'' refers to the sittings or sessions (Old French ''assises'') of the judges, known as "justices of assize", who were judges who travelled across the seven circuits of England and Wales on commissions of "oyer and terminer", setting up court and summoning juries at the various assize towns. Etymology Middle English <

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Commercial Court (England And Wales)
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the Su ...
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Richard Haldane, 1st Viscount Haldane
Richard Burdon Haldane, 1st Viscount Haldane, (; 30 July 1856 – 19 August 1928) was a British lawyer and philosopher and an influential Liberal and later Labour politician. He was Secretary of State for War between 1905 and 1912 during which time the "Haldane Reforms" of the British Army were implemented. As an intellectual he was fascinated with German thought. That led to his role in seeking detente with Germany in 1912 in the Haldane Mission. The mission was a failure and tensions with Berlin forced London to work more closely with Paris. Raised to the peerage as Viscount Haldane in 1911, he was Lord Chancellor between 1912 and 1915, when he was forced to resign because of false allegations of German sympathies. He later joined the Labour Party and once again served as Lord Chancellor in 1924 in the first Labour administration. Apart from his legal and political careers, Haldane was also an influential writer on philosophy, in recognition of which he was elected a Fell ...
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Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ...
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Clement Bailhache
Sir Clement Meacher Bailhache (2 November 1856 – 8 September 1924) was an English commercial lawyer and judge. Early life Bailhache was born at Leeds, the eldest son of Rev. Clement Bailhache, of Huguenot descent, a Baptist minister and secretary of the Baptist Missionary Society; his mother, Emma, was daughter of Edward Augustus Meacher, of Ivinghoe, Buckinghamshire. He was educated at the City of London School and studied law at the University of London, graduating in 1877.Mathew, T. (2004) "Bailhache, Sir Clement Meacher (1856–1924)", rev. Hugh Mooney, ''Oxford Dictionary of National Biography'', Oxford University Pressaccessed 2 Aug 2007(subscription required) Career He initially practised as a solicitor in Newport, Monmouthshire, marrying Fanny Elizabeth Liebstein in 1881. The couple had a son and two daughters. However, it soon became clear that Bailhache possessed considerable skills as an advocate, skills under used as a provincial attorney. To pursue a career as a b ...
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Campbell Case
The Campbell Case of 1924 involved charges against a British communist newspaper editor, John Ross Campbell, J. R. Campbell, for alleged "incitement to mutiny" caused by his publication of a provocative open letter to members of the military. The decision of the government of British Prime Minister Ramsay MacDonald, who later suspended prosecution of the case ostensibly because of pressure from backbenchers in his Labour Party (UK), Labour Party, proved to be instrumental in bringing down the short-lived first Labour government. Background John Ross Campbell, J. R. Campbell was the acting editor of ''Workers' Weekly (UK), Workers Weekly'', a newspaper of the Communist Party of Great Britain (CPGB). In its 25 July 1924 edition, the paper contained a provocative article for the "Anti-War Week Campaign" being conducted by the party, "An Open Letter to the Fighting Forces." The article read in part: Withdrawal of first indictment On 6 August, it was announced in the British House o ...
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Mercantile Law
''Lex mercatoria'' (from the Latin language, Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the Middle Ages, medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party. It emphasized contractual freedom and inalienability of property, while shunning legal technicality, legal technicalities and deciding cases ''ex aequo et bono''. With ...
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Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ...
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Frustration Of Contract
Frustration of purpose, in law, is a defense to enforcement of a contract. Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at the time the contract was made..austlii Despite frequently arising as a result of government action, any third party or even nature can frustrate a contracting party's primary purpose for entering into the contract. The concept is also called commercial frustration. For example, if Joe gets a mortgage for a new home, suppose after three years, the home is destroyed, through no fault of Joe's. Without a hell or high water clause, Joe might be exempt from the remainder of the mortgage, as the principal purpose of the contract, to have a home to live in, has been compromised. However, he might s ...
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Prize (law)
In admiralty law prizes are equipment, vehicles, vessels, and cargo captured during armed conflict. The most common use of ''prize'' in this sense is the capture of an enemy ship and her cargo as a prize of war. In the past, the capturing force would commonly be allotted a share of the worth of the captured prize. Nations often granted letters of marque that would entitle private parties to capture enemy property, usually ships. Once the ship was secured on friendly territory, she would be made the subject of a prize case: an ''in rem'' proceeding in which the court determined the status of the condemned property and the manner in which the property was to be disposed of. History and sources of prize law In his book ''The Prize Game'', Donald Petrie writes, "at the outset, prize taking was all smash and grab, like breaking a jeweler's window, but by the fifteenth century a body of guiding rules, the maritime law of nations, had begun to evolve and achieve international recogn ...
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