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Law Reform Committee
The Law Reform Committee was a committee in England and Wales appointed by the Lord Chancellor "to consider, having regard especially to judicial decisions, what changes are desirable in such legal doctrines as the Lord Chancellor may from time to time refer to Committee". The Lord Chancellor's decision to create this committee was announced on 2 May 1952 by the Attorney General, Lionel Heald, at the dinner of the West Surrey Law Society. The Solicitors Journal said that the proposed step was "overdue". The Committee was appointed on 16 June 1952.Law Reform Committee. Third Report (Occupiers' Liability to Invitees, Licensees and Trespassers). Cmd 9305. HMSO. London. November 1954. Page 5. In 2006, John Wheeler said that the Committee was "defunct".John Wheeler. Essentials of the English Legal System. Pearson Education. 31 December 2006Page 349from Google Books. Composition Six members of the Committee were judges, two were Queen's Counsel, two were solicitors and the remaining th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission ( cy, Comisiwn y Gyfraith) is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Title (property)
In property law, title is an intangible construct representing a bundle of rights in (to) a piece of property in which a party may own either a legal interest or equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document, such as a deed, that serves as evidence of ownership. Conveyance of the document (transfer of title to the property) may be required in order to transfer ownership in the property to another person. Title is distinct from possession, a right that often accompanies ownership but is not necessarily sufficient to prove it (for example squatting). In many cases, possession and title may each be transferred independently of the other. For real property, land registration and recording provide public notice of ownership information. In United States law, evidence of title is typically established through title reports written up by title insurance companies, which show the history of title (prop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torts (Interference With Goods) Act 1977
The Torts (Interference with Goods) Act 1977 was an Act of Parliament to amend the law in England, Wales and Northern Ireland concerning conversion and other torts affecting goods. Under the act, detinue was abolished. See also *Trespass in English law Trespass in English law is an area of tort law broadly divided into three groups: trespass to the person, trespass to goods, and trespass to land. Trespass to the person comes in three variants: assault, which is "to act in such a way that the ... References English tort law United Kingdom Acts of Parliament 1977 {{UK-statute-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional 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 ... consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Expert Evidence
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence Of Opinion
Opinion evidence refers to direct evidence outlining what the expert witness, believes, or infers in regard to facts, as distinguished from personal knowledge of the facts themselves. In common law jurisdictions the general rule is that a witness is supposed to testify as to what was observed and not to give an opinion on what was observed. However, there are two exceptions to this rule: expert evidence and non-expert opinion given by laymen which people in their daily lives reach without conscious ratiocination. General rule In general, witnesses should testify only as to the facts observed and should not give opinion. The main rationale for such a rule is that the admission of opinion evidence would not assist, or might even mislead, the court and in particular the jury. This is because opinion evidence is usually irrelevant. Moreover, admission of such evidence would usurp the functions of the jury, which alone should be the tribunal of fact and draw its own inferences. Exper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privilege (law)
A privilege is a certain entitlement to immunity granted by the state or another authority to a restricted group, either by birth or on a conditional basis. Land-titles and taxi medallions are examples of transferable privilege – they can be revoked in certain circumstances. In modern democratic states, a ''privilege'' is conditional and granted only after birth. By contrast, a ''right'' is an inherent, irrevocable entitlement held by all citizens or all human beings from the moment of birth. Various Examples of old common law privilege still exist – to title deeds, for example. Etymologically, a privilege (''privilegium'') means a "private law", or rule relating to a specific individual or institution. The principles of conduct that members of the legal profession observe in their practice are called legal ethics. Boniface's abbey of Fulda, to cite an early and prominent example, was granted '' privilegium'', setting the abbot in direct contact with the pope, bypassing th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hollington V , England
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Hollington may refer to: *Hollington, East Sussex, England *Hollington, Derbyshire, England * Hollington, Hampshire, England *Hollington, Staffordshire Hollington is a village in the Staffordshire Moorlands in English county of Staffordshire. There are several villages of this same name, and there is a Hollington, Derbyshire a few miles to the east in Derbyshire. The population taken at the 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement By Prescription
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Profit (real Property)
A profit (short for ''profit-à-prendre'' in Middle French for "advantage or benefit for the taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to take natural resources such as petroleum, minerals, timber, and wild game from the land of another. Indeed, because of the necessity of allowing access to the land so that resources may be gathered, every profit contains an implied easement for the owner of the profit to enter the other party's land for the purpose of collecting the resources permitted by the profit. Creation Like an easement, profits can be created ''expressly'' by an agreement between the property owner and the owner of the profit, or by ''prescription'', where the owner of the profit has made "open and notorious" use of the land for a continuous and uninterrupted statutory period. Types A profit can be ''appurtenant'' (owned by an adjacent landowner, and tied to the use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
