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Wilson V First County Trust
is a United Kingdom human rights, consumer protection and contract law case. It made a decision on the applicability of Art 1, Prot 1 of the ECHR and some important observations on the relevance of Hansard in litigation. It also raised a small point on unjust enrichment claims under the Consumer Credit Act 1974. Facts Mrs Penelope Wilson pawned (or "pledged") her BMW 318 convertible for £5000 to a two-person company called First County Trust Ltd (i.e. she gave her car as security for a loan of £5000). She had to pay £304.50 per month in interest (a 94.78% pa interest rate). There was also a £250 "document fee", but because Mrs Wilson could not pay it, the fee was added to the loan. Six months later she had to redeem the car by paying the full amount of £7,327, or the car would be sold. She did not pay six months later. When the pawnbroker asked her for the money, instead of paying, she brought an action against him under the Consumer Credit Act 1974 to get her car back ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Chadwick (judge)
Sir John Murray Chadwick PC (born 20 January 1941) is a retired English Lord Justice of Appeal. He also served as the President of the Court of Appeal of the Cayman Islands, and as a judge of the Dubai International Financial Centre court. Sir John was also standing Counsel to the DTI, and sat as a Judge of the Courts of Appeal of Jersey and Guernsey. He also works as an arbitrator. Biography He was born in Cheltenham to Hector George Chadwick and Margaret Corry Laing. He was educated at Rugby School and Magdalene College, Cambridge. He was called to the bar aged 25 in 1966 as a member of the Inner Temple; he became a Queen's Counsel in 1980. He was appointed as a High Court judge in 1991 and received the customary knighthood. He then sat in the Chancery Division for 6 years. He was promoted to the Court of Appeal in 1997, where he was appointed to the Privy Council. He retired from the English Court of Appeal in November 2007. Notable decisions Notable decisio ... [...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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights In The United Kingdom
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law. Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation. History Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, UK law had one of the world's longest human rights traditions. The Magna Carta 1215 bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unfair Terms 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 * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consumer Credit Act 2006
The Consumer Credit Act 2006 (c.14) is an Act of the Parliament of the United Kingdom intended to increase consumer protection when borrowing money. Provisions The main provisions of the Act are to extend the scope of the Consumer Credit Act 1974, to create an Ombudsman scheme, and to increase the powers of the Office of Fair Trading in relation to consumer credit, including consumer credit agreements (CCA), and similar borrowing facilities. In addition, it permits borrowers to challenge unfair debtor-creditor relationships in court. Consumer Credit Act 1974 The 2006 Act brings two further types of agreement under the scope of the 1974 Act: *Consumer agreements above £25,000, to reflect growing levels of consumer borrowing and debt; *Isection 1 to include small, one-man businesses and partnerships of up to three people. Ombudsman scheme The 2006 Act gives consumers the option of using the Financial Ombudsman Service if they are unhappy with their lender's dispute res ... [...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] |
Article 6 ECHR
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Nature The majority of Convention violations that the Court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France. Under the "independent tribunal" requirement, the Court has ruled that military judges in Turkish state security ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bernard Rix
Sir Bernard Anthony Rix (born 8 December 1944) is a former English judge, who was a Lord Justice of Appeal from 2000 to 2013. Family Rix is the son of Otto Rix and Sadie Silverberg. In 1983, he married Karen Young (now The Hon. Lady Rix), daughter of David Young, later Baron Young of Graffham; they have two daughters and three sons. Education Rix was educated at St Paul's School in London. He went on to New College, Oxford, where he read Classics until 1966 and Jurisprudence with Senior Status until (1968), graduating MA. He also represented the University at fencing. He was elected a Kennedy Scholar in 1968 and studied at Harvard Law School, where he was awarded an LLM in 1969. Legal career Rix was called to the bar at Inner Temple in 1970 (bencher 1990) and became a Queen's Counsel in 1981. He was a member of the Senate of the Inns of Court and Bar between 1981 and 1983. He was also a member of the Bar Council from 1981 to 1983 and was Treasurer of Inner Temple in 2005. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Morritt
Sir Robert Andrew Morritt, CVO (born 5 February 1938), is a former British judge who served as Chancellor of the High Court of England and Wales. Life and career Morritt was educated at Eton College and Magdalene College, Cambridge, and was called to the bar at Lincoln's Inn in 1962. He was appointed Queen's Counsel in 1977 and was Attorney-General to the Prince of Wales from 1978 to 1988. On 15 April 1988, he was appointed a Justice of the High Court, receiving the customary knighthood, and assigned to the Chancery Division. He served from 1991 to 1994 as Vice-Chancellor of the County Palatine of Lancaster, the judge responsible for Chancery Division business in the North and North East of England. On 3 October 1994, he was appointed to the Court of Appeal, and received the customary appointment to the Privy Council. He was appointed Vice-Chancellor of the Supreme Court (in effect the head of the Chancery Division of the High Court) on 17 July 2000. On 1 October 2005, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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