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Tomlin Order
A Tomlin order is a court order in the English civil justice system under which a court action is stayed on terms that have been agreed in advance between the parties and are included in a schedule to the order. As such, it is a form of consent order. The Tomlin order permits either party to apply to court to enforce the terms of the order, which avoids the need to start fresh proceedings. The terms of the schedule do not form part of the court order and so may remain confidential, and they may include matters outside the jurisdiction of the court or the scope of the case in hand. Origins The order is named after High Court judge Tomlin J (as he then was) from his ruling in ''Dashwood v Dashwood'', that such an order kept the proceedings alive only to the extent necessary to enable a party to enforce the terms of the settlement. In that case, Tomlin J held that a provision in the order which required one party to refrain from running a business in competition with the other par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Order
A court order is an official proclamation by a judge (or panel of judges) that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized. Content The content and provisions of a court order depend on the type of proceeding, the phase of the proceedings in which they are issued, and the procedural and evidentiary rules that govern the proceedings. An order can be as simple as setting a date for trial or as complex as restructuring contractual relationships by and between many corporations in a multi-jurisdictional dispute. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written, and are signed by the judge. Some orders, however, are spoken orally by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Procedure Rules
The Civil Procedure Rules (CPR) were introduced in 1997 as per the Civil Procedure Act 1997 by the Civil Procedure Rule Committee and are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales. They apply to all cases commenced after 26 April 1999, and largely replace the Rules of the Supreme Court and the County Court Rules. The Civil Procedure Rules 1998 is the statutory instrument listing the rules. The CPR were designed to improve access to justice by making legal proceedings cheaper, quicker, and easier to understand for non-lawyers. As a consequence of this, many archaic legal terms were replaced with "plain English" equivalents, such as "claimant" for "plaintiff" and "witness summons" for "subpoena". Unlike the previous rules of civil procedure, the CPR commence with a statement of their “overriding objective”, both to aid in the application of specific provisions and to guide behaviour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Halsbury's Laws Of England
''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of Parliament of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field. ''Halsbury's Laws'' has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy and online, with some content available for free online. History In 1907 Stanley Shaw Bond, editor at Butterworths, began a project to produce a complete statement of the law of England and Wales that was authoritative, comprehensive and up-to-date. Bond tracked down the former Lord Chancellor, The Earl of Halsbury, on holiday in Nice to invite him to be the editor-in-chief of ''The Laws of England''. Traditionally, the ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Encyclopaedia Of Forms And Precedents
''The Encyclopaedia of Forms and Precedents'' is a large collection of non-litigious legal forms and precedents published by LexisNexis UK. The encyclopaedia is available in hard copy, on a searchable online database, and on CD-ROM. It currently consists of 90+ volumes which are subject to constant alteration, as volumes are regularly revised and reissued to reflect changes in the law. Subscribers are provided with frequent updates in the form of modifications to the online database, and a quarterly looseleaf service. The encyclopaedia is most often subscribed to and utilised by legal practices and academic institutions. The First Edition was published in 17 volumes from 1902 to 1910. The Second Edition was published in 20 volumes in 1925. The Third Edition was published in 20 volumes from 1946 to 1951.James S John and Leslie F Maxwell. A Legal Bibliography of the British Commonwealth of Nations. Second Edition. Sweet & Maxwell. 1957. Volume 2. Page 112. References See also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael Briggs (judge)
Michael Townley Featherstone Briggs, Lord Briggs of Westbourne, (born 23 December 1954) is a Justice of the Supreme Court of the United Kingdom. He served earlier as a judge of the Court of Appeal of England and Wales. By Royal Warrant, he bears the courtesy title of Lord Briggs of Westbourne. Education He was educated at Charterhouse School and Magdalen College, Oxford. Legal career Michael Briggs was called to the bar at Lincoln's Inn in 1978 and was the Junior Counsel to Crown Chancery from 1990-94. He became a Queen's Counsel in 1994. He was made a Bencher of Lincoln's Inn in 2001, and was appointed Attorney General of the Duchy of Lancaster on 24 July of that year. He held the post until shortly after his appointment to the High Court. On 3 July 2006, he was appointed as a Justice of the High Court, receiving the customary knighthood and being assigned to the Chancery Division. From 2012 to 2013, Mr Justice Briggs was Vice-Chancellor of the County Palatine of Lancaster ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as "insider fraud", is fraud committed or attempted by someone within an organisation such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johan Steyn, Baron Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Society Gazette
''The Law Society Gazette'' (also known as the ''Gazette'' or the ''Law Gazette'') is a British weekly legal magazine for solicitors in England and Wales published by the Law Society of England and Wales. While it is available to buy and on subscription, it is provided to all solicitors with a current England and Wales practising certificate (as well as trainee solicitors). This makes its position different from other British legal periodicals such as The Lawyer, Legal Week, Solicitors Journal, New Law Journal, Legal Business, In-House Lawyer and European Lawyer. In consequence the Gazette has by far the highest audited circulation of any legal journal in the United Kingdom (latest ABC-audited numbers are a circulation of 81,178 for June 2019). It is also the largest-circulation legal magazine in Europe. The lawgazette.co.uk website has 21,097 daily unique browsers and the Gazette Daily Update gets emailed to 182,195 recipients every weekday around lunchtime. Format and chan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rules Of The Supreme Court
The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999. The RSC applied to all civil cases in the Supreme Court in England and Wales commenced after the merger of the courts of Common Law and Equity in 1883 by the Judicature Acts until they were superseded by the Civil Procedure Rules (CPR) in 1999 on 26 April 1999. Civil proceedings in the county courts during this period were governed by the separate County Court Rules. The RSC were designed to replace the individual rules of the courts of Law and Equity which were subsumed into the Supreme Court providing one harmonised set of procedural rules for all civil cases. History The original 1883 Rules Beginning in 1873 the Judicature Acts merged the previously separate English courts of common law and equity into the new Supreme Court of Judicature made up of the Court of Appeal and High Court of Justice. The r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Courts
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executive a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
