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Practice Statement
The Practice Statement 9663 All ER 77 was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precedent in the Lords in order to achieve justice. Background Until the year 1966, the House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of ''stare decisis'', even if this created "injustice" and "unduly restrict(s) the proper development of the law" ('' London Tramways Co. v London County Council'' 898AC 375). The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. It does not affect the precedentail value of cases in lower courts; all other courts that recognise the Supreme Court (formerly the House of Lords) as the court of last resort are still bound by Supreme Court (and House of Lords) decisions. Before this, the only way a binding precedent could be avoided was to create ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lords does not control the term of the prime minister or of the government. Only the lower house may forc ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statements (law)
Statement or statements may refer to: Common uses * Statement (computer science), the smallest standalone element of an imperative programming language *Statement (logic), declarative sentence that is either true or false *Statement, a declarative phrase in language (linguistics) *Statement, a North American paper size of 5 1⁄2 in × 8 in (140 mm × 203 mm), also known under various names such as half letter and memo * Financial statement, formal summary of the financial activities of a business, person, or other entity *Mathematical statement, a statement in logic and mathematics *Political statement, any act or nonverbal form of communication that is intended to influence a decision to be made for or by a group *Press statement, written or recorded communication directed at members of the news media *Statement of Special Educational Needs, outlining specific provision needed for a child in England *Witness statement (law), a signed document recording the evidence given by a per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1966 In The United Kingdom
Events from the year 1966 in the United Kingdom. Incumbents * Monarch – Elizabeth II * Prime Minister – Harold Wilson ( Labour) * Parliament ** 43rd (until 10 March) ** 44th (starting 18 April) Events January–March *3 January **British Rail begins full electric passenger train services over the West Coast Main Line from Euston to Manchester and Liverpool with operation from London to Rugby. Services officially inaugurated 18 April. **Stop-motion children's television series ''Camberwick Green'' first shown on BBC One as part of ''Watch with Mother''. *4 January – More than 4,000 people attend a memorial service at Westminster Abbey for the broadcaster Richard Dimbleby, who died last month aged 52. *12 January – Three British MPs visiting Rhodesia ( Christopher Rowland, Jeremy Bray and David Ennals) are assaulted by supporters of Rhodesian Prime Minister Ian Smith. *20 January **The Queen commutes the death sentence on a Black prisoner in Rhodesia, two m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1966 In Law
Events January * January 1 – In a coup, Colonel Jean-Bédel Bokassa takes over as military ruler of the Central African Republic, ousting President David Dacko. * January 3 – 1966 Upper Voltan coup d'état: President Maurice Yaméogo is deposed by a military coup in the Republic of Upper Volta (modern-day Burkina Faso). * January 10 ** Pakistani–Indian peace negotiations end successfully with the signing of the Tashkent Declaration, a day before the sudden death of Indian prime minister Lal Bahadur Shastri. ** The House of Representatives of the US state of Georgia refuses to allow African-American representative Julian Bond to take his seat, because of his anti-war stance. ** A Commonwealth Prime Ministers' Conference convenes in Lagos, Nigeria, primarily to discuss Rhodesia. * January 12 – United States President Lyndon Johnson states that the United States should stay in South Vietnam until Communist aggression there is ended. * January 15 – 1966 Nige ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Young V Bristol Aeroplane Co Ltd
''Young v. Bristol Aeroplane Co Ltd'' (944KB 718 CA) was an English court case that established that the Court of Appeal is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases: #the court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow; #the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the House of Lords; #the court is not bound to follow a decision of its own if the decision was given ''per incuriam'', e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court. There are a few other possible exceptions that may be worth considering. These are: #Decisions on interlocutory appeals, for example, decisions taken by a Court of Appeal of only two judges. #Where the decision from the House of Lords was made on an unwarranted assumpt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Spectrum Plus Ltd
was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of the court to make rulings as to the law that were "prospective only" to mitigate potential harshness when issuing a ruling that was different from what the law had previously been understood to be. Facts Spectrum Plus Ltd ("Spectrum") carried on the business of a manufacturer of dyes, paints, pigments and other chemical products for the paint industry. Spectrum opened an overdraft facility, and made an agreement with, National Westminster Bank Plc ("NatWest") that said it was granting a fixed charge, or in the words of the contract, a "specific charge fall book debts and other debts… now and from time to time due or owing to pectrum to secure a £250,000 overdraft. Spectrum was prohibited from charging or assigning debts, and was requi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anns V Merton LBC
was a decision of the House of Lords. It established a broad test for determining the existence of a duty of care in the tort of negligence called the Anns test or sometimes the two-stage test for true third-party negligence. This case was overruled by ''Murphy v Brentwood DC'' 991 Facts and background In 1962 the local authority of Merton approved building plans for the erection of a block of maisonettes. The approved plans showed the base wall and concrete foundations of the block to be 'three feet or deeper to the approval of local authority eing Merton. The notice of approval said that the bylaws of the council required that notice should be given to the council both at the commencement of the work and when the foundations were ready to be covered by the rest of the building work. The council had the power to inspect the foundations and require any corrections necessary to bring the work into conformity with the bylaws, but was not under an obligation to do so. The blo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphy V Brentwood DC
was a judicial decision of the House of Lords in relation to recovery for pure economic loss in tort. The court overruled the decision ''Anns v Merton London Borough Council'' with respect to duty of care in English law. Facts A builder failed to build proper foundations to a house. The defendant local authority, approving the building for its building regulations, failed to recognise the problem. When the building became dangerously unstable, the claimant, being unable to raise any money for repairs and choosing not to sue anyone at that stage therefore had to sell the house at a considerable loss. He sought to recover his loss from Brentwood District Council, but this action failed as the loss, the deflated value he obtained for the house, was classed as a pure economic loss. Judgment The House of Lords overruled ''Anns'' and held that the council was not liable in the absence of physical injury. Also, the case of '' Dutton v Bognor Regis UDC'' was disapproved. This judgm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Caldwell
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness. ''Mens rea'' and ''actus reus'' To commit a criminal offence of ''ordinary'' liability (as opposed to strict liability) the prosecution must show both the ''actus reus'' (guilty act) and ''mens rea'' (guilty mind). A person cannot be guilty of an offence for his actions alone; there must also be the requisite intention, knowledge, recklessness, or criminal negligence at the relevant time. In the case of negligence, however, the ''mens rea'' is implied. Criminal law recognizes recklessness as one of four main classes of mental state constituting ''mens rea'' elements to establish liability, namely: *Intention: intending the action; foreseeing the result; desiring th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V G
''R v G'' 003is an English criminal law ruling on reckless damage. For which various offences it held that the prosecution must show a defendant subjectively appreciated a particular risk existing or going to exist to the health or property of another, and the damaging consequence, but carried on in the circumstances known to him unreasonably (to this latter stage of thought an objective test continues to apply) taking the risk. It abolished the "objective recklessness" test set out in ''R v Caldwell''. Facts Two boys, aged 11 and 12 years, were camping without their parents' permission when they entered the back yard of a shophouse, the co-op, of Newport Pagnell in the early hours of the morning. Lighting some newspapers they found there, they left, with the papers still burning. The newspapers set fire to nearby rubbish bins against the wall, where fire spread up and on to the roof. Approximately £1m damage was caused. The children and their defence team argued they expecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Addie & Sons (Colliers) Ltd V Dumbreck
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be use ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
