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Linden Gardens Trust Ltd V Lenesta Sludge Disposals
is the short title for a judicial decision of conjoined appeals in the Judicial Committee of the House of Lords in relation to the relevance of continued privity of contract following assignment of property under English contract law. The cases concerned substantial defective works and whether the assignee who was directly impacted could recover money for this directly (the Linden appeal) and/or the assignor (the original owner) could recover the money by suing the works contractor (the St Martin's appeal). The standard Joint Contracts Tribunal (JCT) contract clause used could, the Court held, legitimately on grounds of public policy somewhat prohibit assignment (that is be subject to its qualified consent to assign the underlying asset, the property). The two potential lines of liability were decided in the negative and in the affirmative respectively. In summary, the first case was not brought by the original owner who commissioned the works (the new owner of the building shoul ... [...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] |
Joint Contracts Tribunal
The Joint Contracts Tribunal, also known as the JCT, produces standard forms of contract for construction, guidance notes and other standard documentation for use in the construction industry in the United Kingdom. From its establishment in 1931, JCT has expanded the number of contributing organisations. Following recommendations in the 1994 Latham Report, the current operational structure comprises seven members who approve and authorise publications. In 1998 the JCT became a limited company. Members The members were listed by the JCT in 2014 as: # the British Property Federation, # the Contractors Legal Group, comprising: #* the National Federation of Builders, #* the UK Contractors Group, #* the National Access and Scaffolding Confederation and #* the Scottish Building Federation; # the Local Government Association, # the National Specialist Contractors Council, # the Royal Institute of British Architects, # the Royal Institution of Chartered Surveyors and # the Scottish B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Independent
''The Independent'' is a British online newspaper. It was established in 1986 as a national morning printed paper. Nicknamed the ''Indy'', it began as a broadsheet and changed to tabloid format in 2003. The last printed edition was published on Saturday 26 March 2016, leaving only the online edition. The newspaper was controlled by Tony O'Reilly's Irish Independent News & Media from 1997 until it was sold to the Russian oligarch and former KGB Officer Alexander Lebedev in 2010. In 2017, Sultan Muhammad Abuljadayel bought a 30% stake in it. The daily edition was named National Newspaper of the Year at the 2004 British Press Awards. The website and mobile app had a combined monthly reach of 19,826,000 in 2021. History 1986 to 1990 Launched in 1986, the first issue of ''The Independent'' was published on 7 October in broadsheet format.Dennis Griffiths (ed.) ''The Encyclopedia of the British Press, 1422–1992'', London & Basingstoke: Macmillan, 1992, p. 330 It was produc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Albazero
''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the most frequently used word in the English language; studies and analyses of texts have found it to account for seven percent of all printed English-language words. It is derived from gendered articles in Old English which combined in Middle English and now has a single form used with pronouns of any gender. The word can be used with both singular and plural nouns, and with a noun that starts with any letter. This is different from many other languages, which have different forms of the definite article for different genders or numbers. Pronunciation In most dialects, "the" is pronounced as (with the voiced dental fricative followed by a schwa) when followed by a consonant sound, and as (homophone of pronoun ''thee'') when followed by a v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Robert McAlpine
Sir Robert McAlpine Limited is a family-owned building and civil engineering company based in Hemel Hempstead, England. It carries out engineering and construction in the infrastructure, heritage, commercial, arena and stadium, healthcare, education and nuclear sectors. History Sir Robert McAlpine, 1st Baronet, Robert McAlpine was born in 1847 in the Scottish village of Newarthill near Motherwell. From the age of seven he worked in the nearby coal mines, leaving at 16 to become an apprentice bricklayer. Later, working for an engineer, he progressed to being foreman before starting to work on his own account at the age of 22 (1869). He had no capital other than that he could earn himself and his first contract involving the employment of other men had to be financed by borrowing £11 from the butcher. From there, McAlpine enjoyed rapid success; the early contracts centred on his own trade of bricklaying and by 1874 he was the owner of two brickyards and an employer of 1,000 men.J ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
St Martin's Property Corp Ltd
St Martins Property Investments Limited (trading as St Martins Property Group) is a property development, investment and asset management company based in the United Kingdom representing the real estate interests of the State of Kuwait with their headquarters in London Bridge City, London. The company is wholly owned by the Kuwait sovereign wealth fund, Future Generations Fund. Their flagship development projects are London Bridge City, an office area, and 150 Cheapside. St Martins Property Group has operations in the United Kingdom, Continental Europe including Turkey, Japan and Australia. History Early years The Company was incorporated in February 1924 as The St Martins-Le-Grand Property Company Limited to carry on the business of property investment. The company started to expand after the war years and in 1947 it merged with the Cheapside Land Development Company Limited which owned a number of London office properties. The Company then acquired Porkellis Property & Ge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Keith
Baron Keith was a title that was created three times in British history, with all three creations in favour of the same person, Admiral the Honourable Sir George Keith Elphinstone. He was the fifth son of Charles Elphinstone, 10th Lord Elphinstone (see Lord Elphinstone for earlier history of the Elphinstone family) by his wife Lady Clementine, daughter of John Fleming, 6th Earl of Wigtown and Lady Mary, daughter of William Keith, 8th Earl Marischal (see Earl Marischal for earlier history of the Keith family). The first creation came in the Peerage of Ireland in 1797 when he was made Baron Keith, of Stonehaven Marrischal, with remainder in default of issue male of his own to his daughter and only child from his first marriage, Margaret Mercer Elphinstone, and the heirs male of her body. On 15 December 1801 he was created Baron Keith, of Stonehaven Marischal in the County of Kincardine, in the Peerage of the United Kingdom, with normal remainder to heirs male. In 1803 he was made Ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assignment (law)
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process e whereby a person, the ''assignor'', transfers rights or benefits to another, the ''assignee''.For the assignment of claim seTrans-Lex.org/ref> An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee. The right or benefit being assigned may be a gift (such as a waiver) or it may be paid for with a contractual consideration such as money. The rights may be vested or contingent,. and may include an equitable interest. Mortgages and loans are relatively straightforward and amenable to assignment. An assignor may assign rights, such as a mortgage note issued by a third party borrower, and this would require the latter to make repayments to the assignee. A related concept of assignment is novation wherein, by agreement with all parties, one contracting party is replaced by a new party. While novatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privity In English Law
Privity is a doctrine in English contract law that covers the relationship between parties to a contract and other parties or agents. At its most basic level, the rule is that a contract can neither give rights to, nor impose obligations on, anyone who is not a party to the original agreement, i.e. a "third party". Historically, third parties could enforce the terms of a contract, as evidenced in '' Provender v Wood'', but the law changed in a series of cases in the 19th and early 20th centuries, the most well known of which are ''Tweddle v Atkinson'' in 1861 and '' Dunlop Pneumatic Tyre v Selfridge and Co Ltd'' in 1915. The doctrine was widely seen as unfair, for various reasons – it made no exception for cases where the parties to a contract obviously intended for it to be enforced by a third party, and it was so inconsistently applied that it provided no solid rule and was therefore "bad" law. The doctrine attracted criticism from figures such as Lord Scarman, Lord Denning, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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