|
List Of Cases Involving Lord Denning
A list of cases involving Lord Denning is bound to be incomplete, since he delivered around 2000 reported judgments. Lord Denning served as a judge for nearly 40 years, from 1944 to 1982. He often played a decisive role in developing the law and was influential around the Commonwealth and common law world. Counsel *''L'Estrange v F Graucob Ltd'' 9342 KB 394 High Court *'' Fletcher v Fletcher'' 9451 All ER 582, 61 TLR 354, Denning approves the divorce of a husband who deserted wife by withdrawing sexual intercourse and joining a religious community. *''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130, Denning resurrects the lost doctrine of promissory estoppel. Court of Appeal *'' Hain Steampship Co Ltd v Minister of Food'' 9491 All ER 444 (C.A.) *''Olley v Marlborough Court Hotel'' 9491 KB 532, on exclusion clauses in contract law. *'' Metropolitan Borough and the Town Clerk of Lewisham v Roberts'' 9492 K.B. 608 (C.A.) — Dissenting, an executive body sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hoenig V Isaacs
''Hoenig v Isaacs'' Somervell_LJ_upheld_the_decision_of_an_Official_Referee_at_first_instance,_His_Honour_Lionel_Leach.html" ;"title="English contract law">952EWCA Civ 6is an English contract law case concerning substantial performance of an entire obligation. Facts Mr Hoenig was contracted to decorate and furnish Mr Isaacs' flat for £750. When the work was done, there were problems with a bookcase and wardrobe, which would cost £55 to fix. Mr Isaacs refused to pay the £350 outstanding. Judgment Donald Somervell, Baron Somervell of Harrow">Somervell LJ upheld the decision of an Official Referee at first instance, His Honour Lionel Leach">Sir Lionel Leach, in finding there had been substantial compliance. He noted that each case turns on the construction of the contract. Where there is substantial performance of the contract, then money must be paid. The work was done, and then there was merely a damages claim in respect of the faulty parts. He noted the case was near the bo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Prejudice
Unfair prejudice in United Kingdom, company law is a statutory form of action that may be brought by aggrieved shareholders against their company. Under the Companies Act 2006 the relevant provision is s 994, the identical successor to s 459 Companies Act 1985. Unfair prejudice actions have generated an enormous body of cases, many of which are called "Re A Company", with only a six-digit number and report citation to distinguish them. They have become a substitute for the more restrictive conditions on a "derivative action", as an exception to the rule in ''Foss v Harbottle''. Though not restricted in such a way, unfair prejudice claims are primarily brought in smaller, non-public companies. This is the text from the Act. Four main issues arise out of the interpretation of s.994. First of all, who has a right to complain against whom? Secondly, what specifically does the "company's affairs" mean in s.994(1)(a)? Thirdly, when is something "unfair" and at the same time "prejudicia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Co-operative Wholesale Society Ltd V Meyer
''Scottish Co-operative Wholesale Society Ltd v Meyer'' 959AC 324 is a UK company law case, concerning the predecessor of the unfair prejudice provision, an action for "oppression" under section 210 of the Companies Act 1948 (now section 994 of the Companies Act 2006). The judgement remains a leading precedent for the clear statement that the duty of care of a director is to the company itself, and not to the interests of particular shareholders. It also illustrates the reluctance of English law to "admit the reality of interrelated companies acting in any way other than as a number of separate entities tied together by their relationship as significant shareholders in each other."Dine, 32, and passim Facts The Scottish Co-operative Wholesale Society Ltd. set up a new company called "Scottish Textile & Manufacturing Co Ltd" with Dr Meyer and Mr Lucas. They manufactured rayon cloth. Back then, one required state licensing and to get a license experienced managers were needed. Dr M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Miller V Jackson
''Miller v Jackson'' 977QB 966 is a famous Court of Appeal of England and Wales case in the torts of negligence and nuisance. The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary and onto the property of their neighbours, Mr and Mrs Miller, the plaintiffs. Facts Cricket had been played at a small cricket ground in Lintz, near Burnopfield, County Durham, since 1905, on land leased to the club by the National Coal Board. The National Coal Board also owned a field adjacent to the ground, which it sold to Stanley Urban District Council. The Council sold the land to Wimpey for development. A line of new semi-detached houses were built next to the ground in 1972, one of which, 20, Brackenridge, was bought by the Millers. The Millers' garden boundary was only from the nearest batting crease, and their house only further away. Several cricket ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
J Spurling Ltd V Bradshaw
is an English contract law and English property law case on exclusion clauses and bailment. It is best known for Denning LJ's "red hand rule" comment, where he said, Facts J Spurling Ltd had a warehouse in East London. Mr Andrew Bradshaw had seven barrels of orange juice. He asked Spurling Ltd to store them. In the contract was the "London lighterage clause" which exempted warehousemen from liability due to their negligence. When the barrels were collected, they were damaged. When Bradshaw refused to pay Spurling Ltd, the company sued for the cost. Bradshaw counterclaimed for damages for breach of an implied term of a contract of bailment to take reasonable care. Judgment Denning LJ, Morris LJ and Parker LJ held that although the warehouse employees were negligent, the clause effectively exempted them. Denning LJ's judgment went as follows. Note that his reference to the concept of a fundamental breach precluding an exclusion of liability was rejected by the House of Lord ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ward V Byham
Ward may refer to: Division or unit * Hospital ward, a hospital division, floor, or room set aside for a particular class or group of patients, for example the psychiatric ward * Prison ward, a division of a penal institution such as a prison * Ward (electoral subdivision), electoral district or unit of local government ** Ward (KPK), local government in Khyber Pakhtunkhwa, Pakistan ** Ward (South Africa) ** Wards of Bangladesh ** Wards of Germany ** Wards of Japan ** Wards of Myanmar ** Wards and electoral divisions of the United Kingdom ** Ward (United States) *** Wards of New Orleans * Ward (fortification), part of a castle * Ward (LDS Church), a local congregation of The Church of Jesus Christ of Latter-day Saints * Ward (Vietnam), a type of third-tier subdivision of Vietnam Entertainment, arts and media * WOUF (AM), a radio station (750 AM) licensed to serve Petoskey, Michigan, United States, which held the call sign WARD from 2008 to 2021 * Ward Cleaver, a fictional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Telex
The telex network is a station-to-station switched network of teleprinters similar to a Public switched telephone network, telephone network, using telegraph-grade connecting circuits for two-way text-based messages. Telex was a major method of sending written messages electronically between businesses in the post–World War II period. Its usage went into decline as the fax machine grew in popularity in the 1980s. The term "telex" refers to the network, and sometimes the teleprinters (as "telex machines"), although point-to-point teleprinter systems had been in use long before telex exchanges were built in the 1930s. Teleprinters evolved from telegraph systems, and, like the telegraph, use binary signals, with mark and space logic represented by the presence or absence of a certain level of electric current. This differs from the analog telephone system, which used varying voltage to represent sound. For this reason, telex exchanges were entirely separate from the telephone sys ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Entores Ltd V Miles Far East Corporation
''Entores Ltd v Miles Far East Corporation'' Court_of_Appeal_of_England_and_Wales">Court_of_Appeal_decision_in_contract_law_on_the_moment_of_offer_and_acceptance.html" "title="contract_law.html" ;"title="Court of Appeal of England and Wales">Court of Appeal decision in contract law">Court of Appeal of England and Wales">Court of Appeal decision in contract law on the moment of offer and acceptance">acceptance of a contract over telex. Denning LJ found that the regular postal rule did not apply for instantaneous means of communications such as a telex. Instead, acceptance occurs when and where the message of acceptance is received. Facts Entores was a London-based trading company that sent an offer by telex for the purchase of copper cathodes from a company based in Amsterdam. The Dutch company sent an acceptance by telex. The contract was not fulfilled and so Entores attempted to sue the owner of the Dutch company for damages. The controlling company, Entores, was based in the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ladd V Marshall
''Ladd v Marshall'' 954EWCA Civ 1 is an English Court of Appeal judgment, which established the criteria for the Court to accept fresh evidence in a case on which a judgement has already been delivered. Facts Mr Marshall, the defendant, owned a piece of land in Ashford, Middlesex, consisting of a bungalow attached to a pig holding. The bungalow had been built under a licence from the Local Authority, who had imposed a condition that the maximum price for which Marshall could sell the bungalow was approximately £1500. In 1952, despite the licence condition, Marshall offered the property for sale with an asking price of £3600, and Mr Ladd, the plaintiff, expressed an interest in buying it. Marshall told Ladd that the sale price was limited to £2500 (presumably £1500 for the bungalow and £1000 for the land, although Marshall did not make this explicit), and a document was drawn up for a sale at this price, with a £50 deposit. However, according to Ladd, he also paid Mars ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roe V Minister Of Health
''Roe v Minister of Health'' 9542 All ER 131 is an English tort law decision of the Court of Appeal of England and Wales which has had a significant influence on the common law throughout the common law world. Facts Roe and Woolley underwent surgery on 13 October 1947 at the Chesterfield Hospital. It was managed under the general supervision of the Minister of Health. Before entering the operating theatre, an anaesthetic consisting of Nupercaine was administered by means of a lumbar puncture. The spinal anaesthetics had been given by Dr.Malcolm Graham. At that time, it was common practice to store such anaesthetic in glass ampoules immersed in a phenol solution to reduce the risk of infection. Unknown to the staff, the glass had a number of micro-cracks which were invisible to the eye but which allowed the phenol to penetrate. When used, the phenol-contaminated anaesthetic caused permanent paraplegia. A later analysis suggests that the most probable cause of the paralyses wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
