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Henry Lopes, 1st Baron Ludlow
Henry Charles Lopes, 1st Baron Ludlow, (3 October 1828 – 25 December 1899) was a British judge and Conservative Party politician. Background and education Ludlow was a younger son of Sir Ralph Lopes, 2nd Baronet, and the uncle of Henry Lopes, 1st Baron Roborough. He was educated at Winchester and Balliol College, Oxford, and was called to the Bar, Inner Temple, in 1852. Political and legal career Ludlow sat as Member of Parliament for Launceston from 1868 to 1874 and for Frome from 1874 to 1876. He was also a Recorder of Exeter from 1867 to 1876 and became a Queen's Counsel in 1868. In 1876, he was appointed a Justice of the Common Pleas Division of the High Court of Justice, a post he held until 1880, and then served as a Lord Justice of Appeal from 1885 to 1897. Lopes was knighted in 1876 and sworn of the Privy Council in 1885. In 1897, he was raised to the peerage as Baron Ludlow, of Heywood in the County of Wiltshire. Judgments *'' Learoyd v Whiteley'' 887UKHL ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Right Honourable
''The Right Honourable'' ( abbreviation: ''Rt Hon.'' or variations) is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, New Zealand, and to a lesser extent, Australia. ''Right'' in this context is an adverb meaning 'very' or 'fully'. Grammatically, ''The Right Honourable'' is an adjectival phrase which gives information about a person. As such, it is not considered correct to apply it in direct address, nor to use it on its own as a title in place of a name; but rather it is used in the third person along with a name or noun to be modified. ''Right'' may be abbreviated to ''Rt'', and ''Honourable'' to ''Hon.'', or both. ''The'' is sometimes dropped in written abbreviated form, but is always pronounced. Countries with common or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hanham Baronets
The Hanham Baronetcy, of Wimborne in the County of Dorset, is a title in the Baronetage of England. It was created on 24 May 1667 for William Hanham, a member of a Somerset family. Hanham baronets, of Wimborne (1667) * Sir William Hanham, 1st Baronet ( – ) * Sir John Hanham, 2nd Baronet (died 1703) * Sir William Hanham, 3rd Baronet (died 1762) * Sir William Hanham, 4th Baronet (1718–1776) * Sir William Thomas Hanham, 5th Baronet (1763–1791) * Sir James Hanham, 6th Baronet (c. 1726–1806) * Sir James Hanham, 7th Baronet (1760–1849) * Sir William Hanham, 8th Baronet (1798–1877) * Sir John Alexander Hanham, 9th Baronet (1854–1911) * Sir John Ludlow Hanham, 10th Baronet (1898–1955) * Sir Henry Phelips Hanham, 11th Baronet (1901–1973) * Sir Michael William Hanham, 12th Baronet (1922–2009) * Sir William John Edward Hanham, 13th Baronet (born 1957) Notes References *Kidd, Charles, Williamson, David (editors). ''Debrett's Peerage and Baronetage'' (1990 edition). Ne ... [...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] |
The Satanita
''The Satanita'' 897AC 59 is an English contract law case, decided in the Court of Appeal, which concerned the formation of a contract. It is notable because it stands as an example of a case which does not fit the typical pattern of offer and acceptance that English law purports to require to find agreement. Facts Lord Dunraven, owner of the ''Valkyrie II'', and A.D. Clarke, owner of the American vessel ''Satanita'', each entered their yachts in a race in the Firth of Clyde organised by the Mudhook Yacht Club. Each agreed to the rules, one of which was that rule breakers were liable for all consequential damage, displacing the statutory position that a defendant's liability is limited. On 5 July 1894, the ''Satanita'' collided with Lord Dunraven's yacht, injuring a crewmember ("The unfortunate man was a seaman named Brown, one of whose legs was broken") and causing it to sink. Judgment The Court of Appeal held that there was a contract for the owner of ''The Satanita'' to pay ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justiciable
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of Standing (law), standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual Adversarial system, adversarial issue exists. Essentially, justiciability seeks to address whether a court possesses the ability to provide adequate resolution of the dispute; where a court believes that it cannot offer such a final determination, the matter is not justiciable. In the United States Federal courts Justiciability is one of several criteria that the United States Supreme Court uses to make a judgment granting ''writ of certiorari'' ("cert."). For an issue to be justiciable by a United States federal court, all of the following conditions must be met: # The parties must not be seeking an advisory opinion. # There must be an actual controversy between the p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cau ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private International Law
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any Private law, private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British South Africa Co V Companhia De Moçambique
The Moçambique rule, or (to adopt an anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non-justiciable in common law jurisdictions. It was established in 1893 by the House of Lords decision in ''British South Africa Co v. Companhia de Moçambique'' 893 AC 602. Essentially, it is a self-imposed rule to limit jurisdiction in respect of actions relating to: * Title to Foreign Land * Possession to Foreign Land * Damages of Trespass to Foreign Land In ''Hesperides Hotels v Muftizade'' Lord Wilberforce referred to the ruling in ''Mozambique'' in the following terms: "Subject to exceptions hereafter mentioned, the court has no jurisdiction to entertain an action for (1) the determination of title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty Of Care
In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed ''by operation of law'' between individuals who have no ''current'' direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law). Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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