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Jones V Padavatton
{{Infobox Court Case , name = Jones v Padavatton , court = Court of Appeal , image = Lincolns Inn 1.jpg , date decided = 29 November 1968 , full name = , citations = _subsequent_actions_=_ .html" ;"title="969">968EWCA Civ 4 [19691 WLR 328; All ER 616 "> subsequent actions = "> opinions = , transcripts = , keywords = Creating legal relations, enforceability , Judges=Harold Danckwerts, Lord Justice Danckwerts, Cyril Salmon, Baron Salmon, Lord Justice Salmon, Fenton Atkinson, Lord Justice Fenton Atkinson ''Jones v Padavatton'' [1968EWCA Civ 4is a leading English decision on contract law. The decision demonstrates how domestic agreements, such as in between a mother and daughter, are presumed not to be legally binding unless there is clear intention. Facts A mother, Mrs Violet Lalgee Jones, agreed with her daughter, Mrs Ruby Padavatton, that if she would give up her secretary job at the Indian embassy in Washington DC and study for the bar in England, the mother would pay m ...
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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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Harold Danckwerts
Sir Harold Otto Danckwerts (23 February 1888 – 12 June 1978) was a lawyer, then senior judge of England and Wales (1949-1969). Career One of three sons and one daughter of William Otto Adolph Julius Danckwerts (German, but raised in South Africa and naturalised British) and Mary Caroline Lowther, Danckwerts was educated at Winchester College, Balliol College, Oxford, and Harvard University.''The Judges of England 1272-1990'', by Sir John Sainty (Selden Society, 1993) He was called to the bar by Lincoln's Inn in 1913. In World War I he served with the East Riding of Yorkshire Yeomanry and the Machine Gun Corps, achieving the rank of Captain, and was mentioned in despatches. He was appointed a Justice of the Chancery Division of the High Court of England and Wales on 1 June 1949, and received the customary knighthood shortly after. He was promoted to be a Lord Justice of Appeal in the Court of Appeal of England and Wales on 9 January 1961. Following that he was made a member of t ...
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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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Fenton Atkinson
Sir Fenton Atkinson (6 January 1906 – 28 March 1980) was a British High Court judge. He was the judge who oversaw the trial of the Moors murderers, Ian Brady and Myra Hindley, at Chester Assizes in 1966. Early and private life Atkinson was the son of High Court judge and Conservative Party politician Sir Cyril Atkinson. He was educated at Winchester College and New College, Oxford. He married Margaret Mary Roy in 1929. They had a son and two daughters. Career Atkinson was called to the bar at Lincoln's Inn in 1928. Like his father, he practised on the Northern Circuit. He served in the Royal Norfolk Regiment in the Second World War, receiving an emergency commission, and achieving the substantive rank of Major and acting Brigadier by September 1943. He served as an Assistant Adjutant general in India. He also served with the British Military Government in occupied Germany after the War, and participated in the Nuremberg trials. He was appointed as a Queen's Counsel in ...
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Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ...
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Highbury
Highbury is a district in North London and part of the London Borough of Islington in Greater London that was owned by Ranulf brother of Ilger and included all the areas north and east of Canonbury and Holloway Roads. The manor house was situated by what is now the east side of Hornsey Road near the junction with Seven Sisters Road. After the manor decayed, a new manor house was built in 1271 (see below) to the south-east; to differentiate it from the original manor and because it was on a hill, it was called Highbury, from which the area takes its name. The site for Highbury Manor was possibly used by a Roman garrison as a summer camp. During the construction of a new Highbury House in 1781, tiles were found that could have been Roman or Norman; however, these have been lost. Highbury Manor Ownership of Highbury eventually passed to Alicia de Barrow, who in 1271 gave it to the Priory of St John of Jerusalem, also known as the Knights Hospitallers in England. The wealthy ...
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Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln's Inn, along with the three other Inns of Court, is recognised as being one of the world's most prestigious professional bodies of judges and lawyers. Lincoln's Inn is situated in Holborn, in the London Borough of Camden, just on the border with the City of London and the City of Westminster, and across the road from London School of Economics and Political Science, Royal Courts of Justice and King's College London's Maughan Library. The nearest tube station is Holborn tube station or Chancery Lane. Lincoln's Inn is the largest Inn, covering . It is believed to be named after Henry de Lacy, 3rd Earl of Lincoln. History During the 12th and early 13th centuries, the law was taught in the City of London, primarily by the clergy. Then two ...
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Balfour V Balfour
''Balfour v Balfour'' 9192 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature. Facts Mr. Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatoid arthritis. Her doctor advised her to stay in England, because the climate in Ceylon would be detrimental to her health. Mr Balfour's boat was about to set sail, and he orally promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony. At first instance, ju ...
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Merritt V Merritt
''Merritt v Merritt'' 970EWCA Civ 6is an English contract law case, on the matter of Creating legal relations in English law">creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Facts Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr Merritt would pay Mrs Merritt a £40 monthly sum, and eventually transfer the house to her, if Mrs Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr Merritt refused to transfer the house. Judgment The Court of Appeal held that nature of the dealings, and the fact that the Merritts were separated when they signed their contract, allowed the court to assume that their agreement was more than a domestic arrangement. Lord Denning ...
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English Enforceability 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 * Englis ...
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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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1968 In British Law
The year was highlighted by protests and other unrests that occurred worldwide. Events January–February * January 5 – "Prague Spring": Alexander Dubček is chosen as leader of the Communist Party of Czechoslovakia. * January 10 – John Gorton is sworn in as 19th Prime Minister of Australia, taking over from John McEwen after being elected leader of the Liberal Party the previous day, following the disappearance of Harold Holt. Gorton becomes the only Senator to become Prime Minister, though he immediately transfers to the House of Representatives through the 1968 Higgins by-election in Holt's vacant seat. * January 15 – The 1968 Belice earthquake in Sicily kills 380 and injures around 1,000. * January 21 ** Vietnam War: Battle of Khe Sanh – One of the most publicized and controversial battles of the war begins, ending on April 8. ** 1968 Thule Air Base B-52 crash: A U.S. B-52 Stratofortress crashes in Greenland, discharging 4 nuclear bombs. * January 23 ...
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