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Macmillan Inc V Bishopsgate Investment Trust Plc (No 3)
is a judicial decision relating to English trusts law and conflict of laws case from the Court of Appeal. The issue arose in relation to frauds conducted by the late Robert Maxwell. The appeal was not actually an appeal on the full decision, but an appeal to determine a preliminary issue: specifically whether the proper law to determine the issue was English law or New York law. Macmillan argued that the main issue was a claim in restitution, and so the proper law to determine the issue was English law. The respondent banks argued that the main issue was who had title to the shares, and so the proper law to determine that issue was New York law. The reported decision is one of a series of cases in relation to the fraud, and probably the most widely reported and cited decision within that series. The trial at first instance on the full facts (9951 WLR 978, before Millett J) had taken "the best part of a year, from October 1992 to July 1993". The respondent banks won at f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Contractus
In the conflict of laws, the ''lex loci contractus'' is the Latin term for "law of the place where the contract is made".''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. Explanation When a case comes before a court and all the main features of the case are local, the court will apply the ''lex fori'', the prevailing municipal law, to decide the case. But if there are "foreign" elements to the case, the forum court may be obliged under the conflict of laws system to consider: * whether the forum court has jurisdiction to hear the case (see the problem of forum shopping); * it must then characterisation (conflict), characterise the issues, i.e. allocate the factual basis of the case to its relevant legal classes; and * then apply the choice of law rules to decide which law is to be applied to each class. The ''lex loci contractus'' is one of the possible choice of law rules applied to cases testing the validity of a contract (conflict), contract. For example, suppos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Raiffeisen Zentralbank Österreich AG V Five Star General Trading LLC
(frequently shortened to ''RZB v Five Star'') is a judicial decision of the Court of Appeal of England and Wales relating to the conflict of laws. The case related to a security interest which was created in favour of the bank over the insurance proceeds relating to a ship. The ship was later involved in a collision, and the third party sought to assert a claim to the insurance proceeds in priority to the bank's rights under the security agreement. The choice of law rules suggested different outcomes depending upon whether this was characterised as an issue of contract law (in which case it would be determined by English law, and the bank would prevail) or an issue of property law (in which case French law would apply, and the third party would prevail). The Court of Appeal held that the choice of law rules relating to contracts should be applied, and accordingly, the bank prevailed. Facts At the centre of the case was a ship by the name of the Mount I. The owners of the M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Mance, Baron Mance
Jonathan Hugh Mance, Baron Mance, (born 6 June 1943) is a retired British judge who was formerly Deputy President of the Supreme Court of the United Kingdom. Early life Mance was born on 6 June 1943, (subscription required) one of four children of Sir Henry Stenhouse Mance, one-time chairman of Lloyd's of London, by his wife Joan Erica Robertson Baker. His grandfather, Sir Henry Osborne Mance, was a distinguished soldier and President of the Institute of Transport; his great-grandfather, Sir Henry Christopher Mance, invented the heliograph. Like his father, he attended Charterhouse School, a boarding school in Godalming, Surrey. He then studied law at University College, Oxford and graduated with a first class degree. He was called to the Bar by the Middle Temple in 1965, becoming a QC in 1982 and a Bencher in 1989. Judicial career In 1990, he became a recorder, and on 25 October 1993 was appointed a High Court judge, serving in the Queen's Bench Division, and received th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Sumption, Lord 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 Bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Akers V Samba Financial Group
is a judicial decision of the Supreme Court of the United Kingdom relating to the conflict of laws, trust law and insolvency law. The key issues in the litigation evolved significantly during the appeals process, meaning that the issues addressed by the Supreme Court differed from those considered by the Court of Appeal, which in turn were different from those which were considered at first instance by the Vice Chancellor. However, by the time the case reached the Supreme Court the core issue was whether a transfer of trust property to a bona fide purchaser for value without notice, which extinguished the beneficial interest of a company in liquidation, was void as a "disposition of property" after the commencement of winding up. The case involved consideration of several issues of law which the Supreme Court described as "novel and difficult". The appeal was heard against an application to determine a preliminary issue. Accordingly, for the purposes of the hearing the allega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bills Of Exchange Act 1882
The Bills of Exchange Act 1882 is a United Kingdom Act of Parliament concerning bills of exchange. The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Sale of Goods Act 1893 and the Marine Insurance Act 1906. Bills of exchange are widely used to finance trade and, when discounted with a financial institution, to obtain credit. The formal legal definition of a bill of exchange is as follows: An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Expressing this in less formal language, it is a written order from one party (the drawer) to another (the drawee) to pay a specified sum on demand or on a specified date to the drawer or to a third party specified by the drawer. Contents Section 3 requires that bills of exchange be written and signed in order to be enforceabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Choses In Action
Chose (pronounced: , French for "thing") is a term used in common law tradition to refer to rights in property, specifically a combined bundle of rights. A chose describes the enforcement right which a party possesses in an object. The use of ''chose'' extends from the English use of French within the courts. In English and commonwealth law, all personal things fall into one of two categories, either choses in action or choses in possession. English law uses a ''chose'' to refer to a bundle of rights, traditionally relating to property which may be utilised in certain circumstances. Thus, a chose in action refers to a bundle of personal rights which can only be enforced or claimed by a chose-holder bringing an action through the court to enforce the action. In English law, this category is enormously wide.WS Holdsworth, ‘The History of the Treatment of Choses in Action by the Common Law’, 33 ''Harvard LR'' 96 This is contrasted with a chose in possession which represents rights w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inglis V Robertson
Inglis may refer to: Companies and organizations * A. & J. Inglis, a shipbuilding company * John Inglis and Company, a Canadian company now a subdivision of Whirlpool Corporation * William Inglis and Sons, bloodstock auctioneers Places * Inglis County, New South Wales * Inglis Island, an island of Australia * Inglis, Manitoba, an unincorporated community in Canada * Inglis River, a river in northwest Tasmania * Inglis, Florida, a town in the United States Other uses * Inglis (surname) * Early Scots or ' * pertaining to England, English people, English language English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ... (English) or ' See also * Englis (other) * Ingles (other) {{disambiguation, geo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Winkworth V Christie Manson And Woods Ltd
''Winkworth v Christie Manson and Woods Ltd'' 9801 Ch 496 was a judicial decision of English High Court relating to the proper law to determine whether title passes when stolen goods are sold to another person in a foreign country. The case related to paintings which were stolen in England, and later sold by the thief to a purchaser in good faith who was unaware that they were stolen in Italy. Slade J held that the rule as to whether or not title to property validly passed was to be determined by the law of the place where the property was located at the time that the transfer purportedly took place. In this case, under Italian law a purchaser in good faith without notice received good title, and accordingly, the rule of Italian law prevailed over the English rule (known as the ''nemo dat'' rule) because that was where the paintings were at the relevant time. Facts The facts of the case were not complex, and were set out in the judgment: The goods with which the action and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dicey Morris & Collins
''Dicey, Morris & Collins on the Conflict of Laws'' (often simply ''Dicey, Morris & Collins'', or even just ''Dicey & Morris'') is the leading English law textbook on the conflict of laws (). It has been described as the "gold standard" in terms of academic writing on the subject, and the "foremost authority on private international law". Editors The textbook has had three principal general editors during its life: * A. V. Dicey, the constitutional scholar and Vinerian Professor of English Law. * John H. C. Morris * Lord Collins of Mapesbury, solicitor and later judge. Since 2015, Professor Jonathan Harris QC has been joint general editor with Lord Collins of Mapesbury. Between 1922 and 1949 A. Berriedale Keith was also a general editor of the text, but has not been honoured with a permanent place in the book's title. In the most recent edition, the team of editors includes Professor C G J Morse, Professor David McClean, Professor Adrian Briggs, Professor Jonathan Harri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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