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Ropaigealach V Barclays Bank Plc
''Ropaigealach v Barclays Bank plc'' [2000] QB 263 is an English land law case, concerning mortgage arrears and a rare mortgage over a family home which had a right to enter a home (temporarily vacant) and sell it without a court order."No court order needed to take possession" Kate O'Hanlon ''The Independent'' 15 January 1999 Facts On 8 October 1996, the bank informed Mr Ropaigealach by letter that it was taking steps to realise its security. A letter in the same terms was sent to Mrs Ropaigealach at a different address. The bank wrote again, on 7 November to Mr and Mrs Ropaigealach at their home, the security, 16 Windsor Esplanade. Before the end of the year the bank sold it at auction. The Ropaigealachs did not receive the last letter from Barclays (with final demand for payment, as earlier, warning the property would be sold but more imminently) because they were having it renovated and were away. They heard of the impending nature of the sale through a neighbour. Judgment C ... [...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] |
Section 3 Of The Human Rights Act 1998
Section 3 of the Human Rights Act 1998 is a provision of the Human Rights Act 1998 that enables the Act to take effect in the United Kingdom. The section requires courts to interpret both primary and subordinate legislation so that their provisions are compatible with the articles of the European Convention of Human Rights, which are also part of the Human Rights Act 1998. This interpretation goes far beyond normal statutory interpretation, and includes past and future legislation, therefore preventing the Human Rights act from being impliedly repealed by subsequent contradictory legislation. Courts have applied section 3 of the Act through three forms of interpretation: "reading in" – inserting words where there are none in a statute; "reading out" where words are omitted from a statute; and "reading down" where a particular meaning is chosen to be in compliance. They do not interpret statutes to conflict with legislative intent, and courts have been reluctant in particula ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land 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 * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mortgage Law
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. ''Hypothec'' is the corresponding term in civil law jurisdictions, albeit with a wider sense, as it also covers non-possessory lien. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower. The word is a Law French term meaning "dead pledge," originally only referring to the Welsh mortgage (''see below''), but in the later Middle Ages was applied to all gages and reinterpreted by folk etymology to mean that the pledge ends (dies) either when the obligation is f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protection From Eviction Act 1977
The Protection from Eviction Act 1977c 43 is an Act of Parliament of the United Kingdom protecting people renting accommodation from losing their homes without the involvement of a court. Contents The Act's aim is to protect tenants from being ejected from their homes by landlords, unless there has been a court order. Section 3 states that nobody can be forcibly evicted without a court order. The purpose of this section was to prevent aggressive landlords becoming violent. Section 3A states that there are a number of exclusions. These are primarily when a landlord actually resides in the same property as the tenant, or the accommodation falls within the definition of a hostel or hotel. Section 5 states that everyone, whether classified as having a lease or a licence, is required to be given four weeks notice before they are evicted. Any "notice to quit" has no effect before this time. Failure to respect the Act Police have frequently failed to intervene when tenants were forceab ... [...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] |
Martin Dixon (academic Lawyer)
Martin John Dixon is a British academic lawyer. He is Professor of the Law of Real Property at the University of Cambridge and a Fellow of Queens' College, Cambridge. He is Director of the Cambridge Centre for Property Law and an Honorary Bencher of Lincoln's Inn. He was awarded the University of Cambridge Pilkington Prize for excellence in teaching in 2004. He was previously a Fellow of Robinson College, Cambridge and a Legal Officer for the UNRWA based in Vienna and Gaza City. He attended Cynffig Comprehensive School and Keble College, Oxford, before teaching at Trinity College, Oxford prior to moving to Robinson College, Cambridge. He moved to Queens' College in 2000. He also teaches Land Law for the GDL at City University, London and for the London University LLB at Hong Kong University. Published works He is the author (with HH Judge Stuart Bridge and Judge Elizabeth Cooke) of ''Meggary & Wade: The Law of Real Property'' (9th ed 2019), an editor of ''Ruoff and Roper: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 8 Of The European Convention On Human Rights
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) (formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international treaty to protect human rights and fundamental freedoms in Europe. Right Article 8 is considered to be one of the convention's most open-ended provisions. Family life In ''X, Y, and Z v. UK'', the Court recalls that "the notion of 'family life' in Article 8 is not confined solely to families based on marriage and may encompass other de facto relationships. When deciding whether a relationship can be said to amount to 'family life', a number of factors may be relevant, including whether the couples live together, the length of their relationship and whether they have demonstr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Gazette
''EG (formerly Estates Gazette)'' is an established provider of data, news and analytics for the UK commercial property market. It was first published in 1858 and celebrated its 150th anniversary in 2008. In March 2008, ''Estates Gazette'' was announced as one of the top 500 "Business Superbrands" in the UK. In 1996, ''Estates Gazette'' launched its own online property news and research arm, EGi. In 1997, the group launched Propertylink, the UK's largest free-access commercial property availability search website. EG is part of a portfolio of brands that belongs to LexisNexis Risk Solutions LexisNexis Risk Solutions is a global data and analytics company that provides data and technology services, analytics, predictive insights and fraud prevention for a wide range of industries. It is headquartered in Alpharetta, Georgia (part of .... The publication hosts its own "EG Awards" annually, the show being held in London each year. References 1858 establishments in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purposive Interpretation
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose. Purposive interpretation is a derivation of mischief rule set in ''Heydon's Case'', and intended to replace the mischief rule, the plain meaning rule and the golden rule. Purposive interpretation is used when the courts use extraneous materials from the pre-enactment phase of legislation, including early drafts, hansards, committee reports, and white papers. The purposive interpretation involves a rejection of the exclusionary rule. Israeli jurist Aharon Barak views purposive interpretation as a legal construction that combines subjective and objective elements.Barak, Aharon. ''Purposive Interpretation In Law''. Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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