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Private International Law (Miscellaneous Provisions) Act 1995
The Private International Law (Miscellaneous Provisions) Act 1995 (c 42) is an Act of the Parliament of the United Kingdom. The Act is made up of several parts. The three principal parts regulate: * Interest on judgment debts and arbitral awards * Validity of marriages under a law which permits polygamy * Choice of law in tort and delict Interest The first part inserts a new provision into the Administration of Justice Act 1970 and the County Courts Act 1984 permitting interest to be awarded by the courts on judgments issued in a currency other than sterling, and then updates the relevant section which relate to equivalent provisions in the Arbitration Act 1950 for arbitration awards. Polygamous marriages Section 5(1) affirms that: Section 6 gives the section retroactive effect, and section 7 applies equivalent provisions to Scotland. Section 8(1) confirms that "Nothing in this Part affects any law or custom relating to the marriage of members of the Royal Family." Cho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citation Of United Kingdom Legislation
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom. Citation of primary legislation as a whole Each piece of legislation passed by the Parliament of the United Kingdom ("Westminster") is known as an Act of Parliament. Each modern Act of Parliament has a title (also known as a "long title") and a short title. A short title provides a convenient name for referring to an individual Act, such as "Jamaica Independence Act 1962". The long title is more comprehensive in scope, providing a sometimes very detailed description of the Act's provisions that is too unwieldy for convenient citation; for example, the long title of the Environmental Protection Act 1990 is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
County Courts Act 1984
The County Courts Act 1984 (c. 28) is an Act of the Parliament of the United Kingdom; the long title of the Act is "An Act to consolidate certain enactments relating to county courts". The Act replaced the County Courts Act 1959. The County Court is an inferior court in the court system of England and Wales. The Act establishes various rules relating to this court. Section 15 of the Act limits the type of case which can be heard by the County Court, the most important being libel and slander, an action for which may only be taken in the Queen's Bench Division of the High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou .... Section 69 of the Act enables a claimant to receive interest on sums awarded by the court. References *Civil Procedure (The White Book), Tho ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slander
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) History ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci Delicti Commissi
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Phillips V Eyre
''Phillips v Eyre'' (1870) LR 6 QB 1 is an English decision on the conflict of laws in tort. The Court developed a two limbed test for determining whether a tort occurring outside of the court's jurisdiction can be actionable. In time this came to be referred to as the "dual-actionability test" (or " double actionability test"). Facts Edward John Eyre had been the governor of Jamaica during the Morant Bay Rebellion. As governor he ordered a forceful response, which led to the deaths of numerous Jamaicans and the arrest and the summary execution of various political figures, whom Eyre believed to be instigators of the uprising. At the end of his term as governor, the colonial assembly had passed an Act of Indemnity covering all acts done in good faith to suppress the rebellion after the proclamation of martial law. When he returned to England, several Jamaicans sued him for trespass to the person and false imprisonment in the Courts of England. Peter Handford described the b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Double Actionability
Double actionability is a doctrine of private international law which holds that an action for an alleged tort committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under both the laws of the home jurisdiction and the foreign jurisdiction. The rule originated in the controversial case of '' Phillips v Eyre'' (1870) LR 6 QB 1. The rule is no longer used in Canadian law and instead the ''lex loci delicti'' rule is used. Likewise, the rule no longer forms part of Australian law which also uses the ''lex loci delicti'' rule. This rule holds that the applicable law for a tort committed in a foreign place will be the tort law of the foreign place. The rule was abolished in New Zealand tort law by section 10 of the Private International Law (Choice of Law in Tort) Act 2017. The rule has largely been abandoned in English law by virtue of section 10 of the Private International Law (Miscellaneous Provisions) Act 1995, although defamati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Act 1950
The Arbitration Act 1950 (c.27, 14 Geo. 6) was an Act of the Parliament of the United Kingdom that consolidated and amended arbitration law in England and Wales. Although the Act has now largely been superseded by the Arbitration Act 1996, Part II of the Act (dealing with the enforcement of non- New York Convention awards) remains in force. This is principally to preserve the enforcement mechanism for awards made under the (now largely obsolete) Geneva Protocol (1924). The main purpose of the Act was to consolidate and rationalise the prior statutes regulating arbitration. However the 1950 Act became increasingly subject to criticism because of the power of the courts to review arbitration awards under section 21. That section required the arbitration tribunal to make a "statement of case" on any matter of law which was reviewable by the court. This was unpopular and led to loss of arbitration business in the United Kingdom, and led to the repeal of the provisions under the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration Of Justice Act 1970
The Administration of Justice Act 1970 (c. 31) is a UK Act of Parliament. Section 11 reforms the Debtors Act 1869 by further restricting the circumstances in which debtors may be sent to prison. Section 40 includes a number of provisions forbidding creditors such as debt collection agencies from harassing debtors, including: * Excessive demands for payment * Falsely claiming that criminal proceedings will follow after failing to pay a debt * Falsely pretending to be officially authorised to collect payment * Producing false documents claiming to have some official status that they do not have Section 36 was enacted to return the law to the position which it was generally thought to be, and applied by the courts since the mid 1930s,Loveland, I. (2014). Peaceable entry to mortgaged premises: considering the doctrine’s compatibility with Art 8 HRA. Conveyancer and Property Lawyer, 2014(5), pp. 381-397. before the landmark bar to adjournments applied by the courts since 1962 in the d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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