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Winkworth V Christie Manson And Woods Ltd
''Winkworth v Christie Manson and Woods Ltd'' 9801 Ch 496 was a judicial decision of English High Court relating to the proper law to determine whether title passes when stolen goods are sold to another person in a foreign country. The case related to paintings which were stolen in England, and later sold by the thief to a purchaser in good faith who was unaware that they were stolen in Italy. Slade J held that the rule as to whether or not title to property validly passed was to be determined by the law of the place where the property was located at the time that the transfer purportedly took place. In this case, under Italian law a purchaser in good faith without notice received good title, and accordingly, the rule of Italian law prevailed over the English rule (known as the ''nemo dat'' rule) because that was where the paintings were at the relevant time. Facts The facts of the case were not complex, and were set out in the judgment: The goods with which the action and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Detinue
In tort law, detinue () is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant, and second, that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Conflict Of Laws 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] |
Lex Fori
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Mummery
Sir John Frank Mummery, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's '' Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a recorder in 1989 before being appointed a High Court judge on 4 October the same year. He was assigned to the Chancery Division and received ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Devlin, Baron Devlin
Patrick Arthur Devlin, Baron Devlin, PC, FBA (25 November 1905 – 9 August 1992) was a British judge and legal philosopher. The second-youngest English High Court judge in the 20th century, he served as a Lord of Appeal in Ordinary from 1960 to 1964. In 1959, Devlin headed the Devlin Commission, which reported on the State of Emergency declared by the colonial governor of Nyasaland. In 1985 he became the first British judge to write a book about a case he had presided over, the 1957 trial of suspected serial killer John Bodkin Adams.Devlin, Patrick; "Easing the Passing", London, The Bodley Head, 1985 Devlin was involved in the debate about homosexuality in British law; in response to the Wolfenden report, he argued, contrary to H. L. A. Hart, that a common public morality should be upheld. Devlin's daughter Clare, then aged 81, said in 2021 that her father had sexually abused her from the age of 7 until her teens. Early life and education Patrick Devlin was born in Ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dicey Morris & Collins
''Dicey, Morris & Collins on the Conflict of Laws'' (often simply ''Dicey, Morris & Collins'', or even just ''Dicey & Morris'') is the leading English law textbook on the conflict of laws (). It has been described as the "gold standard" in terms of academic writing on the subject, and the "foremost authority on private international law". Editors The textbook has had three principal general editors during its life: * A. V. Dicey, the constitutional scholar and Vinerian Professor of English Law. * John H. C. Morris * Lord Collins of Mapesbury, solicitor and later judge. Since 2015, Professor Jonathan Harris QC has been joint general editor with Lord Collins of Mapesbury. Between 1922 and 1949 A. Berriedale Keith was also a general editor of the text, but has not been honoured with a permanent place in the book's title. In the most recent edition, the team of editors includes Professor C G J Morse, Professor David McClean, Professor Adrian Briggs, Professor Jonathan Harri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleading (England And Wales)
Pleading in England and Wales is covered by the Civil Procedure Rules (CPR). These rules set a high priority on attempts to resolve all matters able to be resolved by the parties, prior to hearing (or trial). The pleadings are contained in various Statements of Case - usually the Claim and any associated Particulars of Claim, the Defence, and an optional reply to the Defence. The Claim, Particulars of Claim, and Defence, are broadly equivalent to the Summons, Complaint and Answer filed in some other jurisdictions). The pleadings set out succinctly the claims made by each side, and their legal basis, and provide a basis to explore the issues in the case. They must specify the basic facts which are alleged, but need not evidence those facts or any extensive legal argument (these are addressed at later stages of the process). Some types of allegation must be expressly stated in the appropriate statement of case, if they will be alleged or relied upon at a later stage. Civil Proc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Slade
Sir Christopher John Slade (2 June 1927 – 7 February 2022) was a British judge who was a Lord Justice of Appeal from 1982 to 1991. Personal life His father was George Penkivil Slade. He had two brothers (Adrian and Julian), as well as a sister. Slade was educated at New College, Oxford, and was awarded the Eldon Scholarship. Marriage He married Jane Buckley in 1958. The couple had four children, Lucinda (born 1959), Victoria (born 1962), Richard (born 1963) and Amelia (born 1966). Death Slade died on 7 February 2022, at the age of 94. Judicial decisions Important judicial decisions of Lord Justice Slade include: * ''Re Bond Worth Ltd'' * '' Reckitt & Colman Products Ltd v Borden Inc'' * ''Adams v Cape Industries plc'' * ''Street v Mountford'' * ''Bank of Credit and Commerce International SA v Aboody'' * ''Rolled Steel Products (Holdings) Ltd v British Steel Corp'' * ''Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd'' * ''Aveling Barford Ltd v Perion ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christie's
Christie's is a British auction house founded in 1766 by James Christie (auctioneer), James Christie. Its main premises are on King Street, St James's in London, at Rockefeller Center in New York City and at Alexandra House in Hong Kong. It is owned by Groupe Artémis, the holding company of François-Henri Pinault. Sales in 2015 totalled £4.8 billion (US$7.4 billion). In 2017, the ''Salvator Mundi (Leonardo), Salvator Mundi'' was sold for $400 million at Christie's in New York, at the time List of most expensive paintings, the highest price ever paid for a single painting at an auction. History Founding The official company literature states that founder James Christie (auctioneer), James Christie (1730–1803) conducted the first sale in London, England, on 5 December 1766, and the earliest auction catalogue the company retains is from December 1766. However, other sources note that James Christie rented auction rooms from 1762, and newspaper advertisements for Christi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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