|
William Aldous
Sir William Aldous (17 March 1936 – 17 March 2018) was an English judge and a judge in the Gibraltar Court of Appeal. Biography Born in Suffolk, Aldous was the son of barrister Guy Aldous QC and his wife, Gill Henson, daughter of Gino Henson, MFH, Master of the Blankney Hunt. Growing up in East Anglia, Aldous was a keen and eager huntsman from an early age. His father was MFH of the Essex and Suffolks, a responsibility that he passed onto Willie Aldous in 1970. He ceased hunting for real in 1976 to rejoin a serious career as a London barrister. Aldous achieved considerable success in the practice of intellectual property law that took him all the way to the bench of the Patents Court. William Aldous was head of barristers' chambers at 6 Pump Court, Inner Temple from 1980 to 1988. In 1988 he was appointed to the High Court bench and assigned to the Patents Court of the Chancery Division. In January 1993 his judgment reflected a trend towards the freedom to publish. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Right Honourable
''The Right Honourable'' (abbreviation: ''Rt Hon.'' or variations) is an honorific Style (form of address), 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 Grammatical person, 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 al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Receivership
In law, receivership is a situation in which an institution or enterprise is held by a receiver—a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights"—especially in cases where a company cannot meet its financial obligations and is said to be insolvent.Philip, Ken, and Kerin Kaminski''Secured Lender'', January/February 2007, Vol. 63 Issue 1, pages 30-34,36. The receivership remedy is an equitable remedy that emerged in the English chancery courts, where receivers were appointed to protect real property. Receiverships are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations to populations that rely on those agencies for their basic human rights. Receiverships can be broadly divided into two types: *Those related to insolvency or enforcement of a security interest. *Those where either **One is Incapable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Silven Properties Ltd V Royal Bank Of Scotland Plc
is an English land law case, concerning the behaviour of receivers appointed under mortgages. It affirmed the proposition that a lender (and its agents or receivers) are not required to incur expenses that would likely delay a sale beyond the normal period of marketing. Facts In 1996, Royal Bank of Scotland (RBS) appointed receivers over 33 properties mortgaged by Silven Properties to it, and proceeded to sell them off. The receivers explored planning and letting out the properties, but decided to sell them straight away. Silven alleged that RBS's receivers were under a duty to maximise the value by getting planning permission for development and letting out of vacant properties. In the Chancery Division, Patten J held that neither the mortgagee nor receiver were required to incur expenses that would likely delay a sale beyond the normal period of marketing. This was supported by the cases of '' Cuckmere Brick Co v Mutual Finance'', '' Downsview Nominees Ltd v First City Cor ... [...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 Impeachment in the United Kingdom, 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 b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vicarious Liability
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, '' respondeat superior'', the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. It can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory of enterprise liability because, unlike contributory infringement, knowledge is not an element of vicarious liability. The law has developed the view that some relationships by their nature require the person who engages others to accept responsibility for the wrongdoing of those others. The most important such relationship for practical purposes is that of employer and employee. Employers' liability Employers are vicariously liable, under the '' respondeat superior'' doctrine, for negligent acts or omis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dubai Aluminium Co Ltd V Salaam
''Dubai Aluminium Co Ltd v Salaam'' [2002UKHL 48is an English vicarious liability case, concerning also breach of trust and dishonest assistance. Facts Salaam's solicitors were seeking contribution for damages because of their former client. Mr Salaam had defrauded Dubai Aluminium Co Ltd. Mr Salaam's solicitors were Amhurst Brown Martin & Nicholson, and they had drafted documents for him. Amhurst's had been sued and had settled a $10m claim. Then, they sought contribution from Mr Salaam under the Civil Liability (Contribution) Act 1978. This required showing that Amhurst's was liable for wrongful acts by Mr Anthony Amhurst, under the Partnership Act 1890 section 10. Judgment Court of Appeal The majority of the Court of Appeal,001QB 113 Evans LJ and Aldous LJ, held that the firm was not vicariously liable for the dishonest acts of Mr Salaam, and so was not entitled to a contribution from Mr Salaam for settling the claim by Dubai Aluminium. Turner J dissented. Mr Salaam argued ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Minimum Wage Act 1998
The National Minimum Wage Act 1998 creates a minimum wage across the United Kingdom.. E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 6(1) From 1 April 2022 this was £9.50 for people age 23 and over, £9.18 for 21- to 22-year-olds, £6.83 for 18- to 20-year-olds, £4.81 for people under 18 and apprentices. (See Current and past rates.) It was a flagship policy of the Labour Party in the UK during their successful 1997 general election campaign. The national minimum wage (NMW) took effect on 1 April 1999. On 1 April 2016, an amendment to the act attempted an obligatory "National Living Wage" for workers over 25 (now extended to workers aged 23 and over), which was implemented at a significantly higher minimum wage rate of £7.20 (now increased to £9.50 as of 1 April 2022). This was expected to rise to at least £9 per hour by 2020, but in reality by that year it had only reached £8.72 per hour. Background No national minimum wage existed prior to 1998, although th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walton V Independent Living Organisation
''Walton v Independent Living Organisation'' 003EWCA Civ 199is a UK labour law case regarding the National Minimum Wage Act 1998. Facts Miss Julie Walton was a care worker, who looked after Miss E Jones, who had epilepsy but was a relatively easy client. She did washing, ironing, shopping and meals. Miss Walton was required to remain at work for 24 hours a day, and did three days a week. She was paid £31.40 a day and got allowance for meals and sleeping was free when she was with Miss Jones. The National Minimum Wage Team of the Inland Revenue contacted the company about a complaint. The employment agency sent in Miss Butler to do estimates about Miss Walton's hours of work and concluded her tasks took 6 hours and 50 minutes a day. Ms Walton agreed with this, and signed an agreement that this was in fact her hours of work. Tribunal held that her time was ‘unmeasured’, and that the estimation was an agreement of time for the purpose of NMWR 1999 r 28, even though her whole p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Aldous LJ
Sir William Aldous (17 March 1936 – 17 March 2018) was an English judge and a judge in the Gibraltar Court of Appeal. Biography Born in Suffolk, Aldous was the son of barrister Guy Aldous QC and his wife, Gill Henson, daughter of Gino Henson, MFH, Master of the Blankney Hunt. Growing up in East Anglia, Aldous was a keen and eager huntsman from an early age. His father was MFH of the Essex and Suffolks, a responsibility that he passed onto Willie Aldous in 1970. He ceased hunting for real in 1976 to rejoin a serious career as a London barrister. Aldous achieved considerable success in the practice of intellectual property law that took him all the way to the bench of the Patents Court. William Aldous was head of barristers' chambers at 6 Pump Court, Inner Temple from 1980 to 1988. In 1988 he was appointed to the High Court bench and assigned to the Patents Court of the Chancery Division. In January 1993 his judgment reflected a trend towards the freedom to publish. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
_(cropped).jpg "Click for more on -> The Right Honourable")
