Hammersmith And Fulham London Borough Council V Hazell
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Hammersmith And Fulham London Borough Council V Hazell
''Hazell v Hammersmith and Fulham LBC'' 9922 AC 1 is an English administrative law case, which declared that local authorities had no power to engage in interest rate swap agreements because they were beyond the council's borrowing powers, and that all the contracts were void. Their actions were held to contravene the Local Government Act 1972. Prior to the judgment, a large number of local authorities had entered into such swap transactions. Accordingly, the decision of the House of Lords declaring such practices to be unlawful set off a torrent of collateral litigation unwinding such swaps.In his judgment, in Re Interest Rate Swap Litigation' (unreported, 28 November 1991), Hirst J recorded that "As at 30th October, 1991 there were 203 extant swap actions, 18 had been settled after the issue of proceedings, 2 had been discontinued and 4 are in progress in the Chancery Division. Although in the vast majority of cases the banks are plaintiffs, there are 10 actions involving ...
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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, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and 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 Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, 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 the use of special courts for ...
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Ewan McKendrick
Ewan Gordon McKendrick (born 1960) is Professor of English Private Law at the University of Oxford. He is known for his academic work on the law of contract, as well as publications in the law of unjust enrichment and commercial law. Life McKendrick was educated at the University of Edinburgh, where he studied law, and Pembroke College, Oxford, where he obtained a Bachelor of Civil Law degree (BCL). After lecturing at the Central Lancashire Polytechnic, University of Essex and London School of Economics, he returned to Oxford in 1991 as a Fellow of St Anne's College. In 1995, he became Professor of English Law at University College London. He was called to the bar as a member of Gray's Inn in 1998 and was appointed a Bencher in 2009. He left UCL in 2000 to become Herbert Smith Professor of English Private Law at Oxford University, a post that is associated with a fellowship at Lady Margaret Hall. He became a Pro-Vice-Chancellor of the university in 2006. He became R ...
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Roundell Palmer, 1st Earl Of Selborne
Roundell Palmer, 1st Earl of Selborne, (27 November 1812 – 4 May 1895) was an English lawyer and politician. He served twice as Lord High Chancellor of Great Britain. Background and education Palmer was born at Mixbury in Oxfordshire, where his father, William Jocelyn Palmer, was Rector (ecclesiastical), rector. His mother Dorothea was daughter of the Rev. William Roundell of Gledstone Hall, Yorkshire. William Palmer (ecumenist), William Palmer and Edwin Palmer were his brothers. He was educated at Rugby School and Winchester College. Palmer proceeded to the University of Oxford, matriculating from Christ Church, Oxford, Christ Church, moving to Trinity College, Oxford, Trinity College upon winning a scholarship there, and becoming a fellow of Magdalen College in 1834. He graduated BA in 1834 and MA in 1836. While at Oxford he became a close friend of the hymnist and theologian, Frederick William Faber. At Oxford he won the Chancellor's Prize for Latin Verse in 1831, the Ire ...
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Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a British lawyer and judge. The son of a Scottish clergyman, he was educated in Scotland and England, before joining the English bar. He was little known to the legal world before he was elevated from the junior bar to a puisne judgeship in the Court of King's Bench (England), Court of Queen's Bench by John Campbell, 1st Baron Campbell, Lord Campbell in 1859, a position he held until 1876, when he was appointed to the Court of Appeal (England and Wales), Court of Appeal. In October of that year, he was the first person to be appointed as a law lord under the provisions of the newly enacted Appellate Jurisdiction Act 1876, Appellate Jurisdiction Act. He retired in 1886 and died ten years later. Life Colin Blackburn was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn (MP), Peter Blackbur ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ...
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Thomas Bingham, Baron Bingham Of Cornhill
Thomas Henry Bingham, Baron Bingham of Cornhill (13 October 193311 September 2010) was a British judge who was successively Master of the Rolls, Lord Chief Justice and Senior Law Lord. On his death in 2010, he was described as the greatest judge of his generation. Baroness Hale of Richmond observed that his pioneering role in the formation of the United Kingdom Supreme Court may be his most important and long-lasting legacy.Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) p 209. The Lord Phillips of Worth Matravers regarded Bingham as "one of the two great legal figures of my lifetime in the law" (the other figure, in context, being Lord Denning).Mads Andenas and Duncan Fairgrieve, ''Tom Bingham and the Transformation of the Law'' (2009) xlvii. Lord Hope of Craighead described Bingham as "the greatest jurist of our time". After retiring from the judiciary in 2008, Bingham focused on teaching, writing, and lecturing on legal subjects ...
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Donald Nicholls, Baron Nicholls Of Birkenhead
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Spain ...
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Stephen Brown (judge)
Sir Stephen Brown (born 3 October 1924) is a British retired judge. He was a Lord Justice of Appeal and the President of the Family Division of the High Court of England and Wales. Early life and education Brown was born on 3 October 1924 to Wilfrid Brown and Nora Elizabeth Brown of Longdon Green, Staffordshire. He was educated at Malvern College and Queens' College, Cambridge. Career From 1943 to 1946 Brown served in the Royal Navy Volunteer Reserve as a lieutenant. Brown became a barrister at the Inner Temple in 1949, became a bencherWho's Who 2008 in 1974, and became TreasurerWho's Who 2008 in 1994. He was Deputy Chairman of Staffordshire Quarter SessionsWho's Who 2008 from 1963 to 1971, and RecorderWho's Who 2008 of West Bromwich from 1965 to 1971. He was appointed Queen's Counsel in 1966. He was a Recorder, and Honorary Recorder of West Bromwich from 1972 to 1975, was a High Court judge, in the Family Division,Who's Who 2008 from 1975 to 1977, and in the Queen's Bench ...
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Christopher French (judge)
Sir Christopher James Saunders French (14 October 1925 – 25 March 2003) was a British barrister and judge who sat on the High Court of Justice. He is most commonly remembered as the judge who sat on the Sellafield cancer litigation, described as "one of the longest, most complicated and most expensive civil actions ever heard before a British court." Early life French was born in 1925, the son of Reverend Reginald French, who had won a Military Cross in World War I for rescuing wounded soldiers under enemy fire, and was later named honorary chaplain to the Queen. He won an academic scholarship first to Denstone College, and then later to Brasenose College, Oxford, where he read law. His university studies were interrupted by the Second World War, where he service in the Coldstream Guards as a sapper. He was discharged in 1948 with the rank of captain, and returned to Oxford to finish his legal studies. Whilst at Oxford he rowed bow for the Brasenose eight. French was ...
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Harry Woolf, Baron Woolf
Harry Kenneth Woolf, Baron Woolf (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He was a Non-Permanent Judge of the Court of Final Appeal (Hong Kong), Court of Final Appeal of Hong Kong from 2003 to 2012. He sits in the House of Lords as a crossbencher. Early life Woolf was born in Newcastle upon Tyne, on 2 May 1933, to Alexander Susman Woolf and his wife Leah (). His grandfather Harry was a naturalised Briton of Polish Jewish, Polish and Russian Jewish origins. His father had been a fine art dealer, but was persuaded to run his own building business instead by his wife. They had four children, but their first child died, and his mother was protective of the three surviving children. Woolf lived in Newcastle-upon-Tyn ...
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Divisional Court (England And Wales)
A divisional court, in relation to the High Court of Justice of England and Wales, means a court sitting with at least two judges.Section 66, Senior Courts Act 1981. Matters heard by a divisional court include some criminal cases in the High Court (including appeals from magistrates' courts and in extradition proceedings) as well as certain judicial review cases. Although often referred to in practice as ''the'' Divisional Court, a divisional court is in fact not a separate court or division of the High Court but essentially refers to the number of judges sitting. Usually a divisional court sits with two judges but occasionally the bench comprises three judges. The best known divisional court is that of the Administrative Court, which is a specialist court in the King's Bench Division which deals with judicial review claims, some criminal appeals (including by case stated) and writs of ''habeas corpus''. There are also divisional courts of the Family and Chancery Divisions to de ...
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Test Case (law)
In case law, a test case is a lawsuit whose purpose is to establish an important legal principle or right and to set a precedent. Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present law, regulation, or constitutional principle. Government agencies sometimes bring test cases to confirm or expand their powers. The outcome of test cases has a wide public significance as it shapes future rulings. Examples Examples of influential test cases include: # '' Plessy v. Ferguson'' (1896) # '' Tennessee v. Scopes'' (1925) # '' United States v. One Book Called Ulysses'' (1933) # ''Brown v. Board of Education'' (1954) # '' Griswold v. Connecticut'' (1965) # '' Oneida Indian Nation of N.Y. State v. Oneida County'' (1974) # ''Adams v Cape Industries plc'' (1990) # '' Mabo v Queensland (No 2)'' (1992) # '' National Westminster Bank plc v Spectrum Plus Limited'' (2005) # '' District of Columbia v. Heller'' (2008) See also * Ca ...
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