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Jonathan Parker
Sir Jonathan Frederic Parker (born 8 December 1937) is a retired British Lord Justice of Appeal. Education Sir Jonathan was born in Bishop's Stortford, Hertfordshire, the son of Sir Edmund Parker (1908–1981) and Elizabeth Mary Butterfield (died 1984). His father was a distinguished accountant who was senior partner of Price Waterhouse & Co. and president of the Institute of Chartered Accountants in England and Wales from 1967–68. He was educated at Winchester College and then Magdalene College, Cambridge. Career He was called to the Bar in 1962. He was appointed as Queen's Counsel in 1979. He became a Bencher of the Inner Temple in 1985, and served as head of chambers at 11 Old Square, Lincoln's Inn. He became a High Court Judge in the Chancery Division in 1991 when he received the customary knighthood. He then became a Lord Justice of Appeal in 2000, whereupon he was appointed to the Privy Council in the usual way. He retired from the bench in 2007. He also ser ...
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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 ...
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Oldham V Kyrris
is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. Facts Mr Michael Oldham was appointed by the court as administrator of Mr Jack Kyrris’ partnership. Kyrris had operated 13 Burger King restaurants, including two on Angel Row and Upper Parliament Street, Nottingham. Mr Mario Royle was an employee who sought a secured equitable charge, granted by Kyrris, for work he had done, but had not yet been paid. This amounted to £270,000. A summary judgment was given to Mr Oldham, and Mr Royle cross appealed that Mr Oldham was in breach of a duty of care, and there was sufficient proximity to him were he an unsecured creditor. He said the failure to ensure sums were paid to him was a breach of duty. Behrens J said the equitable charge point was good enough to go to trial, and gave summary judgment for Oldham on the duty of care point. Judgment Jonathan Parker LJ said that any equitable charge was a matter for trial and the ...
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1937 Births
Events January * January 1 – Anastasio Somoza García becomes President of Nicaragua. * January 5 – Water levels begin to rise in the Ohio River in the United States, leading to the Ohio River flood of 1937, which continues into February, leaving 1 million people homeless and 385 people dead. * January 15 – Spanish Civil War: Second Battle of the Corunna Road ends inconclusively. * January 20 – Second inauguration of Franklin D. Roosevelt: Franklin D. Roosevelt is sworn in for a second term as President of the United States. This is the first time that the United States presidential inauguration occurs on this date; the change is due to the ratification in 1933 of the Twentieth Amendment to the United States Constitution. * January 23 – Moscow Trials: Trial of the Anti-Soviet Trotskyist Center – In the Soviet Union 17 leading Communists go on trial, accused of participating in a plot led by Leon Trotsky to overthrow Joseph Stalin's regime, and assas ...
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William Blackburne
Sir William Anthony Blackburne (born 24 February 1944) is a retired High Court Judge at the Royal Courts of Justice in London who is presently the Chairman of the Competition Appeal Tribunal. Blackburne was Called to the Bar in 1966 from Inner Temple, although a year or two later he joined Lincoln's Inn and eventually became a Queen's Counsel in 1984. He practised from 13 Old Square. Blackburne became a High Court judge in the Chancery Division on 1 October 1993 and retired on 27 October 2009. Since retiring Blackburne sat as a High Court Judge on a part-time basis. He also served as Treasurer (Chairman of the Governing Body) of Lincoln's Inn. Blackburne is currently associated with Maitland Chambers, formed in 2001 from the merger of 13 Old Square and 7 Stone Buildings, as an arbitrator. Early life William Blackburne was born in early 1944 to an English father and Norwegian mother. After schooling in his native Yorkshire, he studied languages and law at the University of Cam ...
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Andrew Morritt
Sir Robert Andrew Morritt, CVO (born 5 February 1938), is a former British judge who served as Chancellor of the High Court of England and Wales. Life and career Morritt was educated at Eton College and Magdalene College, Cambridge, and was called to the bar at Lincoln's Inn in 1962. He was appointed Queen's Counsel in 1977 and was Attorney-General to the Prince of Wales from 1978 to 1988. On 15 April 1988, he was appointed a Justice of the High Court, receiving the customary knighthood, and assigned to the Chancery Division. He served from 1991 to 1994 as Vice-Chancellor of the County Palatine of Lancaster, the judge responsible for Chancery Division business in the North and North East of England. On 3 October 1994, he was appointed to the Court of Appeal, and received the customary appointment to the Privy Council. He was appointed Vice-Chancellor of the Supreme Court (in effect the head of the Chancery Division of the High Court) on 17 July 2000. On 1 October 2005, his ti ...
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Mary Arden (judge)
Mary Howarth Arden, Baroness Mance, , KC, PC (born 23 January 1947), known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales. Early life and education Mary Howarth Arden was born in Liverpool, the daughter of Lieutenant-Colonel Eric Cuthbert Arden, of Heswall, Cheshire, a solicitor who had served with the Royal Garrison Artillery, and Mary Margaret (née Smith). Her grandfather was a partner in Gamon Arden and Co., a Liverpool firm of solicitors. Her father and brother, Roger, joined the family firm which merged with Hill Dickinson in 2007. She was brought up in south Liverpool and educated at Huyton College. She read law at Girton College, Cambridge, where she gained a starred first and an LLM, and an LLM degree at Harvard Law School in 1970 as a Kennedy Scholar. Career She was called to the bar at Gray's Inn in 1971, and joined Lincoln's In ...
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Donald Rattee
Donald is a masculine given name derived from the Gaelic name ''Dòmhnall''.. This comes from the Proto-Celtic *''Dumno-ualos'' ("world-ruler" or "world-wielder"). The final -''d'' in ''Donald'' is partly derived from a misinterpretation of the Gaelic pronunciation by English speakers, and partly associated with the spelling of similar-sounding Germanic names, such as '' Ronald''. A short form of ''Donald'' is ''Don''. Pet forms of ''Donald'' include ''Donnie'' and ''Donny''. The feminine given name ''Donella'' is derived from ''Donald''. ''Donald'' has cognates in other Celtic languages: Modern Irish ''Dónal'' (anglicised as ''Donal'' and ''Donall'');. Scottish Gaelic ''Dòmhnall'', ''Domhnull'' and ''Dòmhnull''; Welsh '' Dyfnwal'' and Cumbric ''Dumnagual''. Although the feminine given name ''Donna'' is sometimes used as a feminine form of ''Donald'', the names are not etymologically related. Variations Kings and noblemen Domnall or Domhnall is the name of many anci ...
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Tom Burns (publisher)
Thomas Ferrier Burns (21 April 1906 – 8 December 1995), publisher and magazine editor, was an important figure in mid-20th-century Catholic publishing in Britain. Life Burns was born in Vina Del Mar, Chile, to Clara (née Swinburne) and David Burns. His father was a Scotsman and his mother was a Chilean of English and Basque descent. Burns was brought up in England and educated at Jesuit schools, first at Wimbledon College and then at Stonyhurst College. His first job, in 1926, was on the staff of the newly founded publishing firm Sheed & Ward. In 1935 he moved to Longman's. At Longman's he backed Graham Greene's project to write about the persecution of the Catholic Church in Mexico, which led directly to ''The Lawless Roads'' (1939) (US title ''Another Mexico''), and indirectly to ''The Power and the Glory'' (1940). From 1940 to 1944 he was press attaché to Sir Samuel Hoare, British ambassador to Spain. In 1944 he married a Spanish bride, Maria Isabel Marañón, daughter of ...
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Re Spectrum Plus Ltd
was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of the court to make rulings as to the law that were "prospective only" to mitigate potential harshness when issuing a ruling that was different from what the law had previously been understood to be. Facts Spectrum Plus Ltd ("Spectrum") carried on the business of a manufacturer of dyes, paints, pigments and other chemical products for the paint industry. Spectrum opened an overdraft facility, and made an agreement with, National Westminster Bank Plc ("NatWest") that said it was granting a fixed charge, or in the words of the contract, a "specific charge fall book debts and other debts… now and from time to time due or owing to pectrum to secure a £250,000 overdraft. Spectrum was prohibited from charging or assigning debts, and was requi ...
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Lipkin Gorman V Karpnale Ltd
is a foundational English unjust enrichment case. The House of Lords unanimously established that the basis of an action for money had and received is the principle of unjust enrichment, and that an award of restitution is subject to a defence of change of position. This secured unjust enrichment as the third pillar in English law of the law of obligations, along with contract and tort. It has been called a landmark decision. Although the case is most famous for the transformative judgment handed down by the House of Lords in relation to restitution and unjust enrichment, the decision of the Court of Appeal is also an important banking law decision in its own right, setting out key principles relating to the duty of care owed by bankers to their customers. There was no appeal against that part of the decision to the House of Lords. Facts Norman Barry Cass was a partner in a solicitors' firm called Lipkin Gorman. He was an authorised signatory at the firm’s Lloyds Bank acc ...
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Royal Trust Bank V National Westminster Bank Plc
''Royal Trust Bank v National Westminster Bank plc'' 996BCC 613 was a decision of the Court of Appeal in relation to the nature of a floating charge. This decision, together with an academic article written by Roy Goode, is sometimes looked upon as the turning point in relation to the stricter requirements in relation to control of the proceeds of book debts and other future receivables laid down in subsequent cases. Facts Brookes Associates Finance Limited was in the business of providing equipment under hire purchase agreements. In 1992 Royal Trust Bank (called RTB in the judgment) extended finance to the company, and took a deed of charge under which the company purported to charge the benefit of certain hire purchase agreements deposited with RTB. Those deeds of charge required all sums paid to the company under the hire purchase agreement to be deposited into a specified bank account which the company was required to open with RTB. No such bank account was ever opened, a ...
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Bhullar V Bhullar
is a leading UK company law case on the principle that directors must avoid any possibility of a conflict of interest, particular relating to corporate opportunities. It was not decided under, but is relevant to, section 175 of the Companies Act 2006. Facts Bhullar Bros Ltd was owned by families of two brothers. Each side owned 50% of ordinary shares. The directors were Mr Mohan Bhullar, his son Tim, Mr Sohan Bhullar and his sons Inderjit and Jatinderjit. The company had a grocery store at 44 Springwood Street, Huddersfield. It also owned an investment property called Springbank Works, Leeds Road, which was leased to a bowling alley business called UK Superbowl Ltd. In 1998 the families began to fall out. Mohan and Tim told the board they wished for the company to buy no further investment properties. Negotiations began to split up the company, but they were unsuccessful. In 1999, Inderjit went bowling at the UK Superbowl Ltd alley. He noticed that the carpark next door (cal ...
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