Re Bristol South-East Parliamentary Election
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Re Bristol South-East Parliamentary Election
''Re Bristol South-East Parliamentary Election'' (9613 All ER 354) is a 1961 United Kingdom election court case brought about by an election petition by Malcolm St Clair against Tony Benn, the winner of the 1961 Bristol South-East by-election where Benn had won the most votes but was disqualified from taking his seat in the House of Commons as he had inherited a hereditary peerage as 2nd Viscount Stansgate. Benn argued that as he had not applied for a writ of summons, he was not a member of the House of Lords and that the voters had the right to choose who they wanted to represent them. The court made a ruling of undue election because the voters were aware that Benn was legally disqualified from sitting in the House of Commons, their votes had to be counted as being "thrown away" and Malcolm St Clair as the runner-up would take the seat instead. Background Anthony Wedgwood Benn had been elected as the MP for Bristol South East since 1950 as a Labour Party candidate. During t ...
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Election Court
In United Kingdom election law, election court is a special court convened to hear a petition against the result of a local government or parliamentary election. The court is created to hear the individual case, and ceases to exist when it has made its decision. Statutory basis Election courts are governed by the Representation of the People Act 1983. They are overseen by a rota of High Court (in England and Wales) or Court of Session (in Scotland) judges. The election court is established following the presentation, to the High Court or Court of Session, of an election petition challenging the result of the election. The constitution of the court differs depending on whether the election being challenged is for a seat on a local council or in Parliament. In the case of a parliamentary election, the court comprises two of the High Court or Court of Session judges who are on the rota. - limited preview available oGoogle Books/ref> In the case of a local government election i ...
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Queen's Bench Division Of The High Court Of Justice Of England And Wales
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 and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non- criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged in ...
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Quintin Hogg, Baron Hailsham Of St Marylebone
Quintin McGarel Hogg, Baron Hailsham of St Marylebone, (9 October 1907 – 12 October 2001), known as the 2nd Viscount Hailsham between 1950 and 1963, at which point he disclaimed his hereditary peerage, was a British barrister and Conservative Party politician who served as Lord Chancellor from 1970 to 1974 and again from 1979 to 1987. Like his father, Hailsham was considered to be a contender for the leadership of the Conservative Party. He was a contender to succeed Harold Macmillan as prime minister in 1963, renouncing his hereditary peerage to do so, but was passed over in favour of the Earl of Home. He was created a life peer in 1970 and served as Lord Chancellor, the office formerly held by his father, in 1970-74 and 1979–87. Background Born in London, Hogg was the son of Douglas Hogg, 1st Viscount Hailsham, who was Lord Chancellor under Stanley Baldwin, and grandson of Quintin Hogg, a merchant, philanthropist and educational reformer, and an American mother. Hogg w ...
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Alec Douglas-Home
Alexander Frederick Douglas-Home, Baron Home of the Hirsel (; 2 July 1903 – 9 October 1995), styled as Lord Dunglass between 1918 and 1951 and being The 14th Earl of Home from 1951 till 1963, was a British Conservative politician who served as Prime Minister from October 1963 to October 1964. He is notable for being the last Prime Minister to hold office while being a member of the House of Lords, before renouncing his peerage and taking up a seat in the House of Commons for the remainder of his premiership. His reputation, however, rests more on his two spells as the UK's foreign secretary than on his brief premiership. Within six years of first entering the House of Commons in 1931, Douglas-Home (then called by the courtesy title Lord Dunglass) became parliamentary aide to Neville Chamberlain, witnessing at first hand Chamberlain's efforts as Prime Minister to preserve peace through appeasement in the two years before the outbreak of the Second World War. In 1940 D ...
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Leave Of Absence
The labour law concept of leave, specifically paid leave or, in some countries' long-form, a leave of absence, is an authorised prolonged absence from work, for any reason authorised by the workplace. When people "take leave" in this way, they are usually taking days off from their work that have been pre-approved by their employer in their contracts of employment. Labour laws normally mandate that these paid-leave days be compensated at either 100% of normal pay, or at a very high percentage of normal days' pay, such as 75% or 80%. A furlough is a type of leave. There are many subcategories of paid leave, usually dependent on the reasons why the leave is being taken. Sick leave is normally compensated at 100% of pay, while other types of leave are often more restrictive, such as only compensating a certain percentage of normal pay, or as regards paid holidays, which in some countries are granted automatically by national governments, such as in most European Union countries, and i ...
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Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ...
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Roll Of The Peerage
The Roll of the Peerage is a public record registering British peerage, peers in the peerages of Peerage of England, England, Peerage of Scotland, Scotland, Peerage of Ireland, Ireland, Peerage of Great Britain, Great Britain and the Peerage of the United Kingdom, United Kingdom. It was created by Royal Warrant of Elizabeth II, Queen Elizabeth II dated 1 June 2004, is maintained by the Clerk of the Crown in Chancery, Crown Office within the United Kingdom's Ministry of Justice (United Kingdom), Ministry of Justice, and is published by the College of Arms. Background On 11 November 1999, the House of Lords Act 1999 received the Royal Assent and took effect, removing the automatic right of hereditary peers to a seat in the House of Lords. Until that date anyone succeeding to a title in the peerages of England, Scotland, Great Britain or the United Kingdom and proving succession received a Hereditary peer#Writs of summons, writ of summons to Parliament. All peers receiving such wri ...
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Garter King Of Arms
The Garter Principal King of Arms (also Garter King of Arms or simply Garter) is the senior King of Arms, and the senior Officer of Arms of the College of Arms, the heraldic authority with jurisdiction over England, Wales and Northern Ireland. The position has existed since 1415. Garter is responsible to the Earl Marshal for the running of the college. He is the principal adviser to the sovereign of the United Kingdom with respect to ceremonial and heraldry, with specific responsibility for England, Wales and Northern Ireland, and, with the exception of Canada, for Commonwealth realms of which the King is Sovereign. He also serves as the King of Arms of the Order of the Garter and his seal and signature appear on all grants of arms made by the college. On the death of the British monarch it is the Garter's duty to proclaim the new monarch. Initially, the Accession Council meets at St James's Palace in central London to declare the new monarch from the deceased monarch's l ...
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Sir Andrew Clark, 3rd Baronet
Sir Andrew Edmund James Clark, 3rd Baronet, (18 July 1898 – 19 May 1979) was a British Army officer and barrister, described as "the leading advocate of at the Chancery Bar" by ''The Times''. Early life Andrew Clark was the son of Colonel Sir James Richardson Andrew Clark, Bt. and the grandson of the prominent doctor Sir Andrew Clark, 1st Baronet. Clark was educated at Eton College. He did not proceed to university owing to the outbreak of the First World War. Instead, he was commissioned into the Royal Field Artillery in 1916. He saw service in France and Belgium, and was awarded the Military Cross. He left the British Army in 1921, and according to ''The Times'', "there followed seven years which his biographer would find it hard to document but which certainly enlarged his horizon and experience." Legal career After completing his studies by correspondence from Monte Carlo, Clark was called to the Bar by the Inner Temple in 1928, and joined Lincoln's Inn in 1930. After a pup ...
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Litigant In Person
In England and Wales, a litigant in person is an individual, company or organisation that has rights of audience (this is, the right to address the court) and is not represented in a court of England and Wales by a solicitor or barrister. Instructing a barrister and not a solicitor, for example through the Public Access Scheme, however, does not prevent the party on whose behalf the barrister had been instructed from being a litigant in person. It is possible nevertheless for litigants in England and Wales to obtain free legal advice and in some cases representation from the Citizens Advice Bureau (CAB). The term ''litigant in person'' is also used in the similar (but separate) legal systems of Irish law and Northern Irish law. The equivalent in Scotland is a party litigant and in the United States is ''pro se'' legal representation. Civil defendant The defendants in the McLibel case (''McDonald's Corporation v Steel & Morris'', 997EWHC QB 366) represented themselves in per ...
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Queen's Counsel
In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen regnant, queen, is a lawyer (usually a barrister or advocate) who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'. Appointment as King's Counsel is an office, conferred by the Crown, that is recognised by courts. Members have the privilege of sitting within the inner Bar (law), bar of court. As members wear silk gowns of a particular design (see court dress), appointment as King's Counsel is known informally as ''rec ...
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House Of Commons Library
The House of Commons Library is the library and information resource of the lower house of the British Parliament. It was established in 1818, although its original 1828 construction was destroyed during the burning of Parliament in 1834. The library has adopted the phrase "Contributing to a well-informed democracy" as a summary of its mission statement. History The Library was established in 1818 and a purpose-designed library was built for it by Sir John Soane and completed in 1828. This building, along with much of the mediaeval Palace of Westminster, to which it was added, was destroyed by fire in 1834. In the rebuilding of the Palace of Westminster by Sir Charles Barry and Augustus Welby Northmore Pugin, the Library was given four large rooms on the river front of the principal floor of the new palace, each 40 feet by 25 feet and some 20 ft high. This suite was fully opened by 1852, and two additional rooms added in the mid/late 1850s. One of these was to co ...
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