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Lange V Atkinson
''Lange v Atkinson'' [1997] 2 NZLR 22 (HC), [1998] 3 NZLR 424 (CA), [2000] 1 NZLR 257 (PC), [2000] 3 NZLR 385 is a cited case in New Zealand regarding defamation claims in tort. Background Joe Atkinson, a political columnist, wrote an article critical of Former Prime Minister David Lange and the 4th Labour Government which was published in the October 1995 issue of North & South (New Zealand magazine), ''North & South'' magazine. Lange found the article defamatory, and sued Atkinson, and the magazines publisher ACP for defamation, upon which they filed a defence of qualified privilege. Lange spent the next 4 years trying to get their defence struck out. The Court of Appeal's final hearing in Lange v Atkinson (No. 2) remains the leading case on the law of qualified privilege in New Zealand and affirmed that qualified privilege extends to publications concerning the conduct of publicly elected officeholders and those seeking such office. See also Besides featuring in NZ case law ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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Lord Nicholls Of Birkenhead
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 on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became 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 the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Spain. T ...
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Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ...
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Lord Cooke Of Thorndon
Robin Brunskill Cooke, Baron Cooke of Thorndon (9 May 1926 – 30 August 2006) was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists, and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006. Early life and education The son of the Supreme Court judge, Justice Philip Brunskill Cooke and his wife, Valmai, Lord Cooke was born in Wellington and attended Wanganui Collegiate School. He graduated with an LL.M. from Victoria University College, and subsequently studied at Clare College, Cambridge as a Research Fellow. While on a travelling scholarship, Lord Cooke was awarded an MA in 1954 from Gonville and Caius College, Cambridge and subsequently a PhD in 1955. In 1952, he married Annette Miller, with whom he had three sons. One of their sons, Francis ...
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Lord Hope Of Craighead
James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019. Early life A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (''née'' Collie), and educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank lieutenant. In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. He ...
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Lord Hobhouse Of Woodborough
John Stewart Hobhouse, Baron Hobhouse of Woodborough, PC (31 January 1932 – 15 March 2004) was a British judge and law lord. Hobhouse was born in Mossley Hill, Liverpool, the son of the shipowner Sir John Richard Hobhouse, and grandson of Henry Hobhouse, the MP. He was educated at Eton College. After working abroad in Australia and New Zealand on a sheep farm, Hobhouse returned to Christ Church, Oxford in 1951, where he read Jurisprudence. He was called to the bar by Inner Temple in 1955, of which he later became a bencher. Following a pupillage with Michael Kerr, Hobhouse became a tenant at 7 King's Bench Walk, the chambers of Henry Brandon, and joined the Northern Circuit. At the bar he specialised in admiralty law. He was appointed a Queen's Counsel in 1973. Hobhouse was made a High Court judge in 1982, receiving the customary knighthood, and was assigned to the Queen's Bench Division. He was made a Lord Justice of Appeal in 1993, when he was also sworn of the Privy C ...
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Defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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David Lange
David Russell Lange ( ; 4 August 1942 – 13 August 2005) was a New Zealand politician who served as the 32nd prime minister of New Zealand from 1984 to 1989. Lange was born and brought up in Otahuhu, the son of a medical doctor. He became a lawyer by profession, and represented poor and struggling people in civil rights causes in the rapidly changing Auckland of the 1970s. After serving as legal advisor to the Polynesian Panthers, Lange was first elected to the New Zealand Parliament in the Mangere by-election of 1977. He became a prominent debater within parliament, and soon gained a reputation for cutting wit (sometimes directed against himself) and eloquence. Lange became the Leader of the Labour Party and Leader of the Opposition in 1983, succeeding Bill Rowling. When Prime Minister Robert Muldoon called an election for July 1984 Lange led his party to a landslide victory, becoming, at the age of 41, New Zealand's youngest prime minister of the 20th century. Lang ...
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North & South (New Zealand Magazine)
''North & South'' is a New Zealand monthly national current affairs magazine, specialising in long-form investigative stories and photojournalism. In an eight-page article in 2015, for example, "Long Walk to Justice", staff writer Mike White asked if New Zealand’s justice system should establish an independent commission to investigate wrongful convictions. Issues involving justice in New Zealand provide a theme for many of his stories for ''North & South''. The editorial content also includes profiles of New Zealanders, brief stories, essays, opinion, music, film and book reviews, food, and travel. History and profile ''North & South'' was launched in April 1986 by Metro Publications – Mick Mason and Bruce Palmer, under editor Robyn Langwell. ACP Magazines then sold to ACP. It is now published by Bauer Media NZ, based in Auckland. Bauer Media NZ acquired the title in September 2012. Virginia Larson succeeded Robyn Langwell as editor in 2008 until 2020. The magazine has wo ...
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Lange V Australian Broadcasting Corporation
''Lange v Australian Broadcasting Corporation''. is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Constitution of Australia, Australian Constitution, but found that it did not necessarily provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication. Background The plaintiff, David Lange, who was the Prime Minister of New Zealand, was the subject of a report on the Australian Broadcasting Corporation current affairs program ''Four Corners (Australian TV program), Four Corners''. He brought defamation proceedings in respect of that broadcast. In April 1990, the defendant broadcast on its ''Four Corners'' program a report which had been broadcast the previous night in New Zealand on Television New Zealand's ''Frontline'' program. The program alleged that the New Zealand Labour Party, then in government, had come to ...
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Judicial Committee Of The Privy Council Cases On Appeal From New Zealand
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ...
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