Roger Toulson
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Roger Toulson
Roger Grenfell Toulson, Lord Toulson, PC (23 September 1946 – 27 June 2017) was a British lawyer and judge who served as a Justice of the Supreme Court of the United Kingdom. Education He was educated at Mill Hill School, to which he won the top scholarship for his year and was one of the most talented pupils, taking 'O' levels at 13, 'A' levels in Greek, Latin and Ancient History at 15, and breaking the school record for the mile at 16, at which age he left to go to Jesus College, Cambridge (MA, LLB), of which he later became an honorary fellow, before being called to the Bar by the Inner Temple in 1969. Career He joined the Western Circuit in 1970, and became a Queen's Counsel in 1986. In 1996 he became a judge of the High Court of Justice, sitting in the Queen's Bench Division, receiving the customary knighthood. From 2002 to 2006 he sat as Chairman of the Law Commission of England and Wales. On 29 January 2007, he was promoted to the Court of Appeal, sworn of the ...
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The Right Honourable
''The Right Honourable'' ( abbreviation: ''Rt Hon.'' or variations) is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, New Zealand, and to a lesser extent, Australia. ''Right'' in this context is an adverb meaning 'very' or 'fully'. Grammatically, ''The Right Honourable'' is an adjectival phrase which gives information about a person. As such, it is not considered correct to apply it in direct address, nor to use it on its own as a title in place of a name; but rather it is used in the third person along with a name or noun to be modified. ''Right'' may be abbreviated to ''Rt'', and ''Honourable'' to ''Hon.'', or both. ''The'' is sometimes dropped in written abbreviated form, but is always pronounced. Countries with common or ...
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Her Majesty's Most Honourable Privy Council
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the Royal Prerogative, and as a body corporate (as King-in-Council) it issues executive instruments known as Orders in Council which, among other powers, enact Acts of Parliament. The Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. The Council advises the sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Certai ...
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R (British Sky Broadcasting Ltd) V Central Criminal Court
was a 2014 judgment of the Supreme Court of the United Kingdom. The court held that as ''inter partes'' proceedings created a ''lis'' between the parties (per ''Lewes''), equal treatment (per ''Al Rawi'') meant that ''ex parte'' evidence in general could not be adduced. Facts Two army officers, B and D had been passing information from the COBRA committee to British Sky Broadcasting Ltd (B Sky B) in the person of Sam Kiley. The Commissioner of the Metropolitan Police (the Commissioner) had made an '' inter partes'' application for a production order, to the circuit judge. Certain evidence was offered '' ex parte'' over the objections of B Sky B. The judge granted the order, and B Sky B applied to the Administrative Court for a judicial review. The Administrative Court quashed the production order (011EWHC 3451 (Admin)). Proceedings against the officers were dropped, but because of the importance of the legal argument, the Commissioner appealed. Judgment In the Sup ...
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Cavendish Square Holding BV V Talal El Makdessi
, together with its companion case ''ParkingEye Ltd v Beavis'', are English contract law cases concerning the validity of penalty clauses and (in relation to ''ParkingEye Ltd v Beavis'') the application of the Unfair Terms in Consumer Contracts Directive. The UK Supreme Court ruled on both cases together on 4 November 2015, updating the established legal rule on penalty clauses and replacing the test of whether or not a disputed clause is "a genuine pre-estimate of loss" with a test asking whether it imposed a proportionate detriment in relation to any "legitimate interest" of the innocent party. Commentators on the ruling have noted that "these cases provide some welcome clarification to the law in this area". Facts ''Cavendish Square Holding BV v Makdessi'' In ''Makdessi'', because the issue of penalty clauses had been taken as a preliminary issue, the appeal was heard on the basis of an agreed set of facts (the court having not yet heard evidence or made any determinations). T ...
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Bunge SA V Nidera BV
is a landmark decision of the United Kingdom Supreme Court in the area of commercial law, providing guidance on the assessment of damages arising out of a wrongful repudiation of a contract for the sale of goods. Facts The parties entered into a contract for the supply of 25,000 metric tonnes of Russian milling wheat, which was to be shipped in the latter part of August 2010. It incorporated GAFTA Form 49, which provided procedures for termination and default damages. When Russia introduced a legislative embargo on exports of wheat from its territory (which ran from 15 August to 31 December 2010), Bunge (the "Seller") notified the Buyer of the embargo and purported to declare the contract cancelled. Nidera (the "Buyer") did not accept that the Seller was entitled to cancel the contract and treated the purported cancellation as a repudiation, which it accepted on 11 August 2010. The following day the Seller offered to reinstate the contract on the same terms, but the Buyer wo ...
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Rhodes V OPO
was a 2015 judgment by the Supreme Court of the United Kingdom that overturned an injunction preventing the publication of a memoir entitled ''Instrumental'' by concert pianist James Rhodes. Facts James Rhodes' memoir is an account of the physical and sexual abuse he suffered as a young boy and his subsequent battles with drink, drugs and his own mental health. In February 2014 a draft of the book was leaked to Rhodes' ex-wife, Kathleen Tessaro, who, in June 2014, sought an injunction on behalf of their son that would delete a large number of passages or prohibit publication entirely. The son has been diagnosed with Asperger’s syndrome, attention deficit hyperactivity order, dyspraxia and dysgraphia and evidence was adduced that publication in the present form would cause severe emotional distress and psychological harm. Judgment High Court The application for an interim injunction was dismissed by Bean J in July 2014 on the basis that an action in tort under ''Wilkinson ...
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Patel V Mirza
is an English contract law case concerning the scope of the illegality principle relating to insider trading under section 52 of the Criminal Justice Act 1993. In 2020, the Supreme Court described this case as having set out a "a significant development in the law relating to illegality at common law". Facts Mr. Patel paid £620,000 to Mr. Mirza pursuant to an agreement under which Mr. Mirza would bet on the price of some shares in Royal Bank of Scotland, on the basis of insider information Mr. Mirza had from his contacts at the bank about a pending government announcement that would affect it. Using advance insider information to profit from trading in securities is an offence under section 52 of the Criminal Justice Act 1993. The scheme did not come to fruition as the expected insider information was mistaken, and Mr. Mirza did not return the funds to Mr. Patel as promised. Thereafter, Mr. Patel brought a claim based on contract and unjust enrichment for the return of £620 ...
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Jetivia SA V Bilta (UK) Limited (in Liquidation)
(sometimes referred to as ''Bilta (UK) Limited v Nazir'') is a UK company and insolvency law decision of the Supreme Court of the United Kingdom in relation to (i) the attribution of unlawful acts of a director to the company where the company is the victim of the unlawful act, and (ii) the extent to which liability for fraudulent trading under section 213 of the Insolvency Act 1986 has extraterritorial effect. The Supreme Court held that: # the defence of ''ex turpi causa'' could not operate to prevent a claim brought by the liquidators on behalf of a company against its former directors on the basis that, where the company was essentially the victim of a fraud by the directors, the conduct of the directors would not be attributed to the company and thereby treat the company as a party to the illegality; and # liability for fraudulent trading under the Insolvency Act 1986 had extraterritorial effect. Facts Paragraphs 113 - 116 of the joint opinion of Lord Toulson and Lord H ...
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Michael V The Chief Constable Of South Wales Police
Michael may refer to: People * Michael (given name), a given name * Michael (surname), including a list of people with the surname Michael Given name "Michael" * Michael (archangel), ''first'' of God's archangels in the Jewish, Christian and Islamic religions * Michael (bishop elect), English 13th-century Bishop of Hereford elect * Michael (Khoroshy) (1885–1977), cleric of the Ukrainian Orthodox Church of Canada * Michael Donnellan (1915–1985), Irish-born London fashion designer, often referred to simply as "Michael" * Michael (footballer, born 1982), Brazilian footballer * Michael (footballer, born 1983), Brazilian footballer * Michael (footballer, born 1993), Brazilian footballer * Michael (footballer, born February 1996), Brazilian footballer * Michael (footballer, born March 1996), Brazilian footballer * Michael (footballer, born 1999), Brazilian footballer Rulers =Byzantine emperors= * Michael I Rangabe (d. 844), married the daughter of Emperor Nikephor ...
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R V Jogee
was a 2016 judgment of the Supreme Court of the United Kingdom that reversed previous case law on joint enterprise. The Supreme Court delivered its ruling jointly with the Judicial Committee of the Privy Council, which was considering an appeal from Jamaica, ''Ruddock v The Queen'' 016UKPC 7. Facts On 9 June 2011, Jogee and his co-defendant, Hirsi, spent the evening taking drugs and drinking alcohol causing their behaviour to become increasingly aggressive. Twice during the night the pair visited the house of Naomi Reid who was in a relationship with Paul Fyfe (referred to in the judgment as "the deceased"). After the second visit Reid sent Jogee a text asking him not to bring Hirsi back to her house in Rowlatts Hill but the men returned for a third time only minutes later._UKSC_8">016">[2016/nowiki>_UKSC_8_Paragraph_[102.html" ;"title="016/nowiki>_UKSC_8.html" ;"title="016">[2016/nowiki> UKSC 8">016">[2016/nowiki> UKSC 8 Paragraph [102">016/nowiki>_UKSC_8.html" ;"title="016">[ ...
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Courtesy Titles In The United Kingdom
A courtesy title is a form of address in systems of nobility used for children, former wives and other close relatives of a peer, as well as certain officials such as some judges and members of the Scottish gentry. These styles are used "by courtesy" in the sense that persons referred to by these titles do not themselves hold substantive titles. There are several different kinds of courtesy titles in the British peerage system. Children of peers Courtesy titles If a peer of one of the top three ranks of the peerage (a duke, marquess or earl) has more than one title, his eldest son – himself not a peer – may use one of his father's lesser titles "by courtesy". However, the father continues to be the substantive holder of the peerage title, and the son is only using the title by courtesy, unless issued a writ of acceleration. The eldest son of the eldest son of a duke or marquess may use a still lower title, if one exists. In legal documents, the courtesy title is implied ...
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Peerages In The United Kingdom
The peerages in the United Kingdom are a legal system comprising both hereditary title, hereditary and life peer, lifetime titles, composed of various Imperial, royal and noble ranks, noble ranks, and forming a constituent part of the Orders, decorations, and medals of the United Kingdom, British honours system. The term ''peerage'' can be used both collectively to refer to the British nobility, entire body of nobles (or a subdivision thereof), and individually to refer to a specific title (modern British English, English language-style using an initial capital in the latter case but not the former). British peerage title holders are termed peer of the realm, peers of the Realm. The peerage's fundamental roles are ones of government, peers being eligible (although formerly ''entitled'') to a seat in the House of Lords, and of meritocracy, the receiving of any peerage being the highest of British honours (with the receiving of a more traditional hereditary peerage naturally hol ...
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