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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] |
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] |
Andrew Longmore
Sir Andrew Centlivres Longmore (born 25 August 1944), styled The Rt Hon. Lord Justice Longmore, is a British lawyer and judge. Educated at Winchester College and Lincoln College, Oxford, he was called to the Bar at the Middle Temple in 1966 and was appointed a QC in 1983. A Judge of the High Court from 1993, he rose to the rank of Lord Justice of Appeal in 2001. Judgments Key judgments of Lord Justice Longmore include: * ''Lomas v JFB Firth Rixson Inc'' 012EWCA 419Described as a "comprehensive judgment hichmasterfully resolved a number of conflicting strands of jurisprudence". *'' Collier v P & MJ Wright (Holdings) Ltd'' 007EWCA Civ 1329, 0081 WLR 643 - English contract law concerning the doctrine of consideration and promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Conflict Of Laws 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 * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cox V Ergo Versicherung AG
is a judicial decision of the Supreme Court of the United Kingdom relating to the conflict of laws and the assessment of damages following a road traffic accident. The primary issue for adjudication was to what extent rules relating to the calculation of damages were substantive (and so fell to be determined by German law, as the law of the place where the tort occurred) or procedural (and so fell to be determined by English law, as the law of the forum where the case was being determined). Facts On 21 May 2004, Major Christopher Cox, an officer serving with the British Army in Germany, was riding his bicycle on the road when a car hit him, causing fatal injuries. The driver was a German national resident insured by a German insurance company, Ergo Versicherung AG. The governing law of the insurance policy was German law. The claim was brought by Major Cox's widow, Katerina. After the accident she returned to England and entered into a new relationship, and had two children wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Innovations included the default c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marine Insurance Act 1906
The Marine Insurance Act 1906 (8 Edw. 7 c.41) is a UK Act of Parliament regulating marine insurance. The Act applies both to "ship & cargo" marine insurance, and to P&I cover. The Act was drafted by Sir Mackenzie Dalzell Chalmers, who had earlier drafted the Sale of Goods Act 1893. The Act is a codifying act, that is to say, it attempts to collate existing common law and present it in a statutory (i.e. “codified”) form. In the event, the Act did more than merely codify the law, and some new elements were introduced in 1906. The Marine Insurance Act 1906 has been highly influential, as it governs not merely English Law, but it also dominates marine insurance worldwide through its wholesale adoption by other jurisdictions. Two modern statutes, the Consumer Insurance (Disclosure and Representations) Act 2012 (“CIDRA”) and the Insurance Act 2015 have made amendments to the law of insurance. Overview The most important sections of this Act include: :s.4: a policy without ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome I Regulation
The Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) is a regulation which governs the choice of law in the European Union. It is based upon and replaces the Convention on the Law Applicable to Contractual Obligations 1980. The Rome I Regulation can be distinguished from the Brussels Regime which determines which court can hear a given dispute, as opposed to which law it should apply. The regulation applies to all EU member states except Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice. The Danish government planned to join the regulation if a referendum on 3 December 2015 approved converting its opt-out into an opt-in, but the proposal was rejected. While the United Kingdom originally opted-out of the regulation they subsequently decided to opt-in. Background The regulation sets out which law be used to interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention On The Law Applicable To Contractual Obligations 1980
The Convention on the Law Applicable to Contractual Obligations 1980, or the "Rome Convention", is a measure in private international law or conflict of laws which creates a common choice of law system in contracts within the European Union. The convention determines which law should be used, but does not harmonise the substance (the actual law). It was signed in Rome, Italy on 19 June 1980 and entered into force in 1991. It has now been replaced by the Rome I Regulation (593/2008) except for in Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice, and the Overseas countries and territories of European Union member states. In that respect, the convention is applicable in Aruba, the Caribbean Netherlands, Curaçao, Sint Maarten (Kingdom of the Netherlands), Faroer (Denmark), Saint-Pierre and Miquelon, Saint Barthélemy, French Polynesia, Wallis and Futuna and New Caledonia (France).for France, see Article 27 The agreement and re ... [...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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