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White V Jones
is a leading English tort law case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. Facts Two daughters of the deceased Mr Barratt (one of them married a man named White) sued Mr Jones for failing to follow their father's instructions when drawing up his will. Mr Barratt and his daughters had fallen out briefly and he asked the solicitor to cut them out of the will. Before he died they resolved their problems. He asked Mr Jones to change the will again so that £9000 would be given to his daughters. After he died, with the will still the same, the family would not agree to have the settlement changed. The question was whether Mr Jones could be sued instead. Judgment Lord Goff held with a majority of three to two in the House of Lords that the daughters would be able to claim. Influenced by the idea that solicitors may escape the consequences of not doing their job properly, he sai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Keith Of Kinkel
Henry Shanks Keith, Baron Keith of Kinkel, (7 February 1920 – 21 June 2002) was a British judge. The son of James Keith, Baron Keith of Avonholm, Harry Keith was educated in the Edinburgh Academy, at Magdalen College, Oxford, where he graduated with a Master of Arts and the University of Edinburgh, where he graduated with a Bachelor of Law. In the Second World War, he was an officer in the Scots Guards and was mentioned in dispatches, reaching the rank of Captain. He was admitted to the Faculty of Advocates in 1950, and was made a Queen's Counsel in 1962. In 1951, he had been called to the English Bar from Gray's Inn, where he became a bencher in 1976. He appointed as Sheriff of Roxburgh, Berwick and Selkirk in 1970, succeeding David Brand. He was appointed a Senator of the College of Justice with the judicial title Lord Keith in 1971. On 10 January 1977, he was appointed Lord of Appeal in Ordinary and was made additionally a life peer with the title Baron Keith of Kink ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, MC, and of Mary Abraham, daughter of Charles Abraham, Bishop of Derby. He was educated at Lancing and at Magdalen College, Oxford, where he took a First in Jurisprudence in 1952. He was called to the Bar at Lincoln's Inn in 1953 and took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Court of Justice and assigned to the Chancery division, receiving the customary knighthood. He was promoted as a Lord Justice of Appeal in 1983, and was of sworn of the Privy Council. From 1985 to 1991 he was Vice-Chancellor, the ''de fac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mustill
Michael John Mustill, Baron Mustill, PC, FBA (10 May 1931 – 24 April 2015) was an English barrister and judge. He was a Lord of Appeal in Ordinary from 1992 to 1997. Life and career The son of Clement William and Marion Mustill, he was educated at Oundle School and St John's College, Cambridge, where he graduated with a Doctor of Laws in 1992. He served in the Royal Artillery from 1949 to 1951, was called to the Bar, Gray's Inn in 1955, became a Queen's Counsel in 1968 and a Bencher in 1976. Mustill was Deputy Chairman of the Hampshire Quarter Sessions in 1971. He was made Chairman of the Civil Service Appeal Tribunal in 1971 and Recorder of the Crown Court in 1972, holding both posts until 1978, when he was knighted. Mustill was a judge of the High Court, Queen's Bench Division from 1978 to 1985 and Presiding Judge, North Eastern Circuit from 1981 to 1984. From 1985 he was Chairman of the Judicial Studies Board until 1989, Chairman of the Departmental Committee on Law of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Nolan
Michael Patrick Nolan, Baron Nolan, (10 September 1928 – 22 January 2007) was a judge in the United Kingdom, and from 1994 until 1997 was the first chairman of the Committee on Standards in Public Life. In the words of his obituary in ''The Guardian'', "Lord Nolan .. made a profound mark on national life by substantially cleansing the Augean stable of corrupt politics as founding chairman of the Committee on Standards in Public Life." Early and private life Nolan was the son of James Nolan, a solicitor, and his wife, Jane Nolan. His father's family had left County Kerry in the mid-19th century. Lord Nolan cited his parents as "the first and foremost influences on my life". The Nolan family lived in Bexhill-on-Sea. He, his elder brother, James "Jim" Nolan (died 2001) and his nephews, James, Rossa and Luke, all attended Ampleforth College. After two years of national service in the Royal Artillery, from 1947 to 1949, he read law at Wadham College, Oxford, where he was awar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
