|
Watkins V Home Office And Others
, was a United Kingdom legal case heard by the House of Lords where the Home Office made an appeal as to whether the tort of misfeasance in public office was actionable in the absence of proof of pecuniary losses or injury of a mental or physical nature. The appeal was upheld, ruling that the tort of misfeasance in public office is never actionable without proof of material damage as defined by Lord Bingham of Cornhill. Facts The respondent, Mr Watkins, was a convicted prisoner serving a life sentence and was imprisoned at all times material to the action. As a result of being involved with legal proceedings, he had brought about correspondence with his legal advisors, the courts and other bodies. Mr Watkins was held at two prisons, Wakefield Prison and subsequently, Frankland Prison. He raised a number of complaints that his mail had been opened and read at both prisons, breaching the prison rules; in particular, breaching the protection of confidentiality of his legal corres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions 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] |
Tony Clarke, Baron Clarke Of Stone-cum-Ebony
Anthony Peter Clarke, Baron Clarke of Stone-cum-Ebony, (born 13 May 1943) is a British lawyer. He was one of the first 11 Supreme Court of the United Kingdom Justices and was the first High Court judge to be appointed directly to that court when it came into existence on 1 October 2009 without previously having sat as a Lord of Appeal in Ordinary. He was appointed to the Court of Final Appeal of Hong Kong on 11 April 2011 as a non-permanent judge. He was previously Master of the Rolls and Head of Civil Justice in England and Wales. He retired from the Supreme Court in September 2017. Early life and education Clarke was born to Harry and Isobel Clarke. He was educated at Oakham School. In 1957 the trial of suspected serial killer John Bodkin Adams first made him interested in pursuing a career in the law. He read Economics and Law at King's College, Cambridge. Career He was called to the Bar at Middle Temple in 1965. He developed a commercial and maritime law practice. He b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2006 In British Law
6 (six) is the natural number following 5 and preceding 7. It is a composite number and the smallest perfect number. In mathematics Six is the smallest positive integer which is neither a square number nor a prime number; it is the second smallest composite number, behind 4; its proper divisors are , and . Since 6 equals the sum of its proper divisors, it is a perfect number; 6 is the smallest of the perfect numbers. It is also the smallest Granville number, or \mathcal-perfect number. As a perfect number: *6 is related to the Mersenne prime 3, since . (The next perfect number is 28 (number), 28.) *6 is the only even perfect number that is not the sum of successive odd cubes. *6 is the root of the 6-aliquot tree, and is itself the aliquot sum of only one other number; the square number, . Six is the only number that is both the sum and the product of three consecutive positive numbers. Unrelated to 6's being a perfect number, a Golomb ruler of length 6 is a "perfect ruler". Si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort 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] |
United Kingdom Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
E V Secretary Of State For The Home Department
''E v Secretary of State for the Home Department'' was a landmark Court of Appeal case of 2004 which significantly developed the doctrine of ''error of fact'' as a distinct ground which was taken in conjunction with the question of new evidence (or the most recent decision) being considered in order to establish the error. The case laid out in definitive terms the criteria for the court to review a finding of ''mistake of fact'' leading to unfairness. In establishing an error of fact according to the requirements, a duty was identified to consider a decision; in particular, the duty to reopen a matter or direct a rehearing. The question of new evidence produced after the hearing but before the decision date was considered within the context of the power of the Immigration Appeal Tribunal (IAT) to direct a rehearing. Facts Two appellants, who had separately claimed asylum in the United Kingdom, were heard jointly in the Court of Appeal. They were known only as ′E′ and ′Râ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Secretary Of State For The Home Department, Ex Parte Simms
''R v Secretary of State for the Home Department, ex parte Simms'' 999UKHL 33is a UK constitutional law case, concerning parliamentary sovereignty. Facts Simms and another prisoner, both serving life sentences for murder, brought judicial review proceedings against the Home Secretary’s contention that they could not have oral interviews with journalists unless no part would be published. Under the Prison Act 1952 section 47(1) the Home Secretary had passed Prison Service Standing Order 5, paragraph 37-A which restricted oral interviews with journalists. The prisoners contended this impinged upon the right of journalists to free speech under the European Convention on Human Rights article 10, because practically the opportunity for any investigation into their convictions would be inhibited by not allowing them to speak. The prisoners could, however, engage in written correspondence. Latham J held that the prisoners should be able to do oral interviews. The Court of Appeal he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Three Rivers DC V Governor Of The Bank Of England
''Three Rivers DC v Governor of the Bank of England'' 001 UKHL 16 is a UK banking law and EU law case concerning government liability for the protection of depositors and the preliminary ruling procedure in the European Union. Facts Depositors in the UK branch of Bank of Credit and Commerce International (BCCI) sought damages from the Bank of England for failing in its supervisory duties. The Bank had granted BCCI authorisation in a way that breached the First Banking Directive 77/780. The government argued that the Directive was not intended to give rights to individual depositors. Clarke J dismissed the action, and the Court of Appeal by a majority ( Hirst and Robert Walker LJJ, Auld LJ dissenting) dismissed the appeal. The depositors had to base their claim on the intentional tort of misfeasance in public office because in English law, it was not possible for the regulatory authority to be held liable for negligence in the exercise of its supervisory functions. Judgment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ashby V White
''Ashby v White'' (170392 ER 126 is a foundational case in UK constitutional law and English tort law. It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss (injuria sine damno)' the law makes the presumption of damage and that it is sufficient to demonstrate that a right has been infringed. Facts Mr Ashby was prevented from voting at an election by the misfeasance of a constable, Mr White, on the apparent pretext that he was not a settled inhabitant. At the time, the case attracted considerable national interest, and debates in Parliament. It was later known as the Aylesbury election case. In the House of Lords, it attracted the interest of Peter King, 1st Baron King who spoke and maintained the right of electors to have a remedy at common law for denial of their votes, against Tory insistence on the privileges of the House of Commons. Sir Thomas Powys defen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Walker, Baron Walker Of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe , (born 17 March 1938) is an English barrister and former Justice of the Supreme Court of the United Kingdom. He also serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He sat in the House of Lords as a crossbencher until his retirement from the House on 17 March 2021. Early life and non-judicial career Born on 17 March 1938, the son of Ronald Robert Antony Walker by his wife Mary Helen, Walker was educated at Downside School and Trinity College, Cambridge from where he graduated in 1959 with a Bachelor of Arts degree in Classics and Law. He was called to the bar at Lincoln's Inn in 1960 and became a Queen's Counsel in 1982. In 2010 he was the Treasurer of Lincoln's Inn. He is an Honorary Fellow of Trinity College, Cambridge. Lord Walker of Gestingthorpe has served on the Honorary Editorial Board of the Warwick Student Law Review since its inception in 2010. Judicial career In 1994, Walker was appointed a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Right
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights. Other coded set of laws have existed before the first Constitutions were developed having some similar purpose and functions, like the United Kingdom's 1215 Magna Carta or the Virginia Bill of Rights of 1776. Specific rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
