Jackson V Royal Bank Of Scotland
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Jackson V Royal Bank Of Scotland
''Jackson v Royal Bank of Scotland'' [2005UKHL 3is an English contract law case, which concerns Remoteness in English law, remoteness of damage. Facts Mr James Jackson was a partner with Barrie Stewart Davies (by the time, passed on), trading under the name "Samson Lancastrian". They imported dog chews from Thailand and sold them to a firm called "Economy Bag". They both had the same bank, the Royal Bank of Scotland. By mistake, RBS sent Economy Bag a document showing that Jackson was making a 19% markup on every transaction. Feeling cheated, they cancelled the business relationship with Jackson and Davies. Jackson sued RBS for the loss of the opportunity to make further profits. At first instance, Jackson won, since the relationship would have continued for four more years on a decreasing scale, and after then further dealings would just be speculative. The Court of Appeal held that damages should be limited to one year of the breach, and all other losses were too remote. Jacks ...
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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 ...
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Victoria Laundry (Windsor) Ltd V Newman Industries Ltd
''Victoria Laundry (Windsor) Ltd v Newman Industries Ltd'' 9492 KB 528 is an English contract law case on the remoteness of damage principle. Facts Newman Industries Ltd was meant to deliver a boiler for Victoria Laundry (Windsor) Ltd. The delivery was five months late. As a result of not having enough laundry capacity, Victoria Laundry lost a lucrative contract from the Ministry of Supply. It issued for the ordinary profit that it had forgone through not having the boiler on time. The question was whether it could also claim the extraordinary profit it would have made, had it been able to take advantage of the lucrative Ministry of Supply contract. Judgment Asquith LJ in the Court of Appeal held that Newman Industries only had to compensate for the ordinary, not the extraordinary loss of profits. He distinguished (at p 543) losses from “particularly lucrative dyeing contracts” as a different type of loss which would only be recoverable if the defendant had sufficient knowl ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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English Remedy 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 * Engli ...
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The Achilleas
''The Achilleas'' or ''Transfield Shipping Inc v Mercator Shipping Inc'' 008 UKHL 48 is an English contract law case, concerning remoteness of damage. Facts Transfield Shipping was a charterer. It hired use of Mercator's ship, ''The Achilleas''. Transfield was meant to have the ship for five to seven months, and return it no later than midnight on 2 May 2004. Mercator contracted to let the ship to another charterer ( Cargill International SA) on 8 May 2004 at $39,500 a day for four to six months. But Transfield did not return the ship until 11 May. With two weeks to go they were appointed to carry coals from Qingdao, China across the Yellow Sea to Tobata and Oita, Japan. Since it was returned late, the new charterer, Cargill, agreed to take the ship, but only at $31,500 a day, since the freight market had fallen sharply. The question was how much Transfield should pay to Mercator for returning the ship late. Transfield argued they should only pay an amount reflecting the ...
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Leslie Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ...
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Chitty On Contracts
''Chitty on Contracts'' is one of the leading textbooks covering English contract law. The textbook is now in its 34th edition. The first editors were Joseph Chitty the Younger and Thompson Chitty, sons of Joseph Chitty. Contents Volume I – General Principles *Part I – Introduction *Part 2 – Formation of Contract **Chapter 2 – The Agreement, Chapter 3 – Consideration, Chapter 4 – Form, Chapter 5 – Mistake, Chapter 6 – Misrepresentation, Chapter 7 – Duress and Undue Influence *Part 3 – Capacity of Parties **Chapter 8 – Personal Incapacity, Chapter 9 – Corporations and Unincorporated Associations, Chapter 10 – The Crown, Public Authorities and the European Union, Chapter 11 – Political Immunity and Incapacity *Part 4 – The Terms of Contract **Chapter 12 – Express Terms, Chapter 13 – Implied Terms, Chapter 14 – Exemption Clauses, Chapter 15 – Unfair Terms in Consumer Contracts *Part 5 – Illegality and Public Policy: **Chapter 16 – Illegality ...
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John May (judge)
Sir John Douglas May, PC (28 June 1923 – 15 January 1997) was a British Court of Appeal judge appointed by the British Government to investigate the miscarriages of justice related to the Maguire Seven and other miscarriages linked to IRA bombing offences. Life and career May was educated at Clifton College and Balliol College, Oxford, where he was a Scholar. During World War II, he served with the Royal Naval Volunteer Reserve. He was called to the bar by the Inner Temple in 1947 and took silk in 1965. He was appointed to the High Court and assigned to the Queen's Bench Division in 1972, receiving the customary knighthood. In 1982, he was made a Lord Justice of Appeal and made a Privy Counsellor, serving until 1989. Maguire Seven inquiry On 20 October 1989 following the quashing of the Guildford Four convictions, May was appointed to chair an inquiry into both that case and the related case of the Maguire Seven. On 12 July 1990, the Home Secretary David Waddington p ...
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John Douglas Waite
Sir John Douglas Waite (born 3 July 1932) is an English barrister and former Lord Justice of Appeal. Sir John was also the former Chair of the Independent Asylum Commission. Sir John Waite was educated at Sherborne School and Corpus Christi College, Cambridge, and was President of the Cambridge Union in 1955. After National Service in the Royal Artillery, he was called to the bar (Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...) in 1956. He took silk in 1975. Waite was appointed to the High Court of Justice in 1982, receiving the customary knighthood. He sat in the Family Division of the High Court until 1993, when he was promoted to the Court of Appeal, and was sworn of the Privy Council. He retired in 1997. References {{DEFAULTSORT:Waite, John Douglas 193 ...
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Anthony Evans (judge)
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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Gerald Upjohn, Baron Upjohn
Gerald Ritchie Upjohn, Baron Upjohn, CBE, PC, DL (25 February 1903 – 27 January 1971) was a British soldier and judge. Biography The younger son of William Henry Upjohn KC, he served in the Welsh Guards during the Second World War, reaching the rank of brigadier. In 1948, he sat with Sir George Lynskey and Sir Godfrey Vick on the Lynskey tribunal. Appointed to the Privy Council in 1960, he was Lord Justice of Appeal from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary and was made additionally a life peer by the style title Baron Upjohn, of Little Tey in the County of Essex. While a Lord of Appeal in Ordinary he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps 9672 AC 46 (giving a powerful dissent), Vandervell v IRC 9672 AC 291 (where he gave a majority speech) and In re Gulbenkian's Settlements 970AC 508. An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the ...
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John Morris, Baron Morris Of Borth-y-Gest
John William Morris, Baron Morris of Borth-y-Gest, (11 September 1896 – 9 June 1979) was a judge in England and Wales. He was a Law Lord from 1960 to 1975. Early life Morris was born in Liverpool, where his father was a bank manager. He was educated at the Liverpool Institute, but left school on the outbreak of the First World War in 1914 to join the Royal Welsh Fusiliers. He was granted a commission as a temporary second lieutenant (on probation) on 8 January 1916. He served in the British Army until 1918, reaching the rank of captain, and was awarded a Military Cross in January 1919. After he was demobilised, he studied law at Trinity Hall, Cambridge, where he was President of the Cambridge Union Society in 1919. He graduated with an LLB in 1920, and won a Joseph Hodges Choate fellowship to study for one year at Harvard. Legal career Morris was called to the Bar at Inner Temple in 1921, and joined the Northern Circuit, where he became successful due to his skilful ...
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