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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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyds Bank (historic)
Lloyds Bank plc is a British retail and commercial bank with branches across England and Wales. It has traditionally been considered one of the " Big Four" clearing banks. Lloyds Bank is the largest retail bank in Britain, and has an extensive network of branches and ATMs in England and Wales (as well as an arrangement for its customers to be serviced by Bank of Scotland branches in Scotland, Halifax branches in Northern Ireland and vice versa) and offers 24-hour telephone and online banking services. it had 16 million personal customers and small business accounts. Founded in Birmingham in 1765, it expanded during the nineteenth and twentieth centuries and took over a number of smaller banking companies. In 1995 it merged with the Trustee Savings Bank and traded as Lloyds TSB Bank plc between 1999 and 2013. In January 2009, it became the principal subsidiary of Lloyds Banking Group, which was formed by the acquisition of HBOS by the then-Lloyds TSB Group. It has its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No Case To Answer
No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case. The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability. At the close of the prosecution's case during a criminal trial, the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United States court). If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence in their defence. If the judge does not accept the submission, the case continues and the defence must present their case. Because a judge's refusal to uphold such a submission may potentially bias a jury's decision, a submission of no case to answer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Sumption
Jonathan Philip Chadwick Sumption, Lord Sumption, (born 9 December 1948), is a British author, medieval historian and former senior judge who sat on the Supreme Court of the United Kingdom between 2012 and 2018. Sumption was sworn in as a Justice of the Supreme Court on 11 January 2012, succeeding Lawrence Collins, Baron Collins of Mapesbury. Exceptionally, he was appointed to the Supreme Court directly from the practising Bar, without having been a full-time judge. He retired from the Supreme Court on 9 December 2018 upon reaching the mandatory retirement age of 70. Sumption is well known for his role as a barrister in many legal cases. They include appearances in the Hutton Inquiry on HM Government's behalf, in the Three Rivers case, his representation of former Cabinet Minister Stephen Byers and the Department for Transport in the Railtrack private shareholders' action against the British Government in 2005, for defending HM Government in an appeal hearing brought by Binyam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...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] |
Donald Nicholls, Baron 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. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Parker (judge)
Sir Roger Jocelyn Parker (25 February 1923 – 21 May 2011) was a British barrister and judge. He was a Lord Justice of Appeal from 1983 to 1992. Biography Early life Parker was the son of Captain The Honourable Trevor Tempest Parker, DSC, RN and Marieka Louise Leonie, ''née'' Kleinwort, of the Kleinwort banking family. Both his grandfather, Robert Parker, Baron Parker of Waddington, and his uncle, Hubert Parker, Baron Parker of Waddington, were senior judges. Parker grew up in London and Sussex. He was educated at Eton College, before serving in the Rifle Brigade during the Second World War. Parker saw action in Italy and Austria, attained the rank of captain, and was mentioned in dispatches. Legal career After the war, he read Law at King's College, Cambridge, and was called to the Bar at Lincoln's Inn in 1948. He joined the chambers of John Ashworth, a commercial set originally located at Three Hare Court, and later at One Hare Court alongside Fisher, Neill, Slynn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony May (judge)
Sir Anthony Tristram Kenneth May PC (born 9 September 1940) is a British judge. He was educated at Bradfield College and Worcester College, Oxford. On 1 October 2008, he succeeded Sir Igor Judge as President of the Queen's Bench Division. He was called to the Bar (Inner Temple) in 1967, became a Queen's Counsel in 1979, and a Recorder in 1985. He was appointed to the Queen's Bench Division in 1991, receiving the customary knighthood. In 1997, May was appointed to the Court of Appeal. May was Vice-President of the Queen's Bench Division from 2002 to 2008, when he was appointed President of the Queen's Bench Division, when the previous president, Sir Igor Judge, became Lord Chief Justice of England and Wales. He was named to the Privy Council of the United Kingdom in 1998. May retired from the Queen's Bench Division in July 2011, and was succeeded as its president by Sir Roger John Laugharne Thomas. In October 2012 Downing Street announced Sir Anthony May would become the Inter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Alliott
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gaming Act 1845
The Gaming Act 1845 (8 & 9 Vict., c. 109) was an Act of the Parliament of the United Kingdom. The Act's principal provision was to deem a wager unenforceable as a legal contract. The Act received royal assent on 8 August 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007. Background Increasing concern as to the damaging social effects of gambling gave rise to a select committee of the House of Commons whose recommendations were implemented by the Act. The policy of the Act was to discourage betting. However, following a 2001 report by Sir Alan Budd, in 2002, the UK government accepted that wagers should cease to be unenforceable as contracts, seeking to introduce a new liberalised regulatory regime in order to encourage the gambling industry. Repeals Sections 1 to 9 and 15 and 16 and 19 to 24 and 26, and the First and Second Schedules, were repealed by Part I of Schedule 6 to the Betting and Gaming Act 1960. Sections 10 to 14 and the Third Sch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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