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Société Nationale Industrielle Aérospatiale V Lee Kui Jak
is a judicial decision of Privy Council on appeal from Brunei which was for many years, and arguably still is, the leading authority in relation to anti-suit injunctions under the English common law. The case concerned a fatal helicopter crash which killed Yong Joon San, a wealthy business magnate, amongst others. Mr Yong's widow tried to sue various parties, including Société Nationale Industrielle Aérospatiale (SNIA) as manufacturer of the helicopter, in the courts of Texas under the Wrongful Death Statute in that state. SNIA asked the courts to restrain the claimants from proceedings in court by way of an anti-suit injunction. Their applications failed at first instance and on appeal, but succeeded in the Privy Council. In handing down the judgment of the Privy Council, Lord Goff elaborated on the jurisdiction to grant anti-suit injunctions following his earlier decision in , and set out the basic principles to be applied in relation to applications for such injuncti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the publishing house of the University of Oxford. It is the largest university press in the world. Its first book was printed in Oxford in 1478, with the Press officially granted the legal right to print books by decree in 1586. It is the second-oldest university press after Cambridge University Press, which was founded in 1534. It is a department of the University of Oxford. It is governed by a group of 15 academics, the Delegates of the Press, appointed by the Vice Chancellor, vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, Walton Street, Oxford, opposite Somerville College, Oxford, Somerville College, in the inner suburb of Jericho, Oxford, Jericho. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1987 In United Kingdom Case Law
Events January * January 1 – Bolivia reintroduces the Boliviano currency. * January 2 – Chadian–Libyan conflict – Battle of Fada: The Military of Chad, Chadian army destroys a Libyan armoured brigade. * January 3 – Afghan leader Mohammad Najibullah says that Afghanistan's 1978 Communist revolution is "not reversible," and that any opposition parties will have to align with Communist goals. * January 4 – ** 1987 Maryland train collision: An Amtrak train en route from Washington, D.C. to Boston collides with Conrail engines at Chase, Maryland, United States, killing 16 people. ** Televangelist Oral Roberts announces to his viewers that unless they donate $8 million to his ministry by March 31, God will "call [him] home." * January 15 – Hu Yaobang, General Secretary of the Chinese Communist Party, is forced into retirement by political conservatives. * January 16 – León Febres Cordero, president of Ecuador, is kidnapped for 11 hours by followers of imprisoned ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Forum Selection Clause
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum. They usually operate in conjunction with a choice of law clause which determines the proper law of the relevant contract. Forms Forum selection clauses may seek to restrict the choice of forum for litigation in three ways: * The clause may require that all disputes must be litigated in a particular court in a jurisdiction agreed upon by the parties; * The clause may require that disputes must be resolved pursuant to a dispute resolution process, such as mediation, arbitration, or a hearing before a special referee or expert determination; or * The clause might combine those approaches, such as by first requiring a sp ... [...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, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contribution Claim (legal)
A contribution claim is a claim brought by one or more defendants to a lawsuit for money damages brought by a plaintiff. A contribution claim asserts the party (usually a defendant) is entitled to "contribution" from a third party for any money damages awarded to the plaintiff. For example, if a plaintiff sues a homeowner for damages caused by a garage door, the defendant homeowner could add a third party, the manufacturer of the garage door to contribute to any damages awarded to the plaintiff according to the proportionate share of responsibility, liability, or fault assigned to the homeowner and the manufacturer by the jury. In most cases, contribution claims are brought like the original lawsuit itself. The claim must be personally served on the new, third party defendant, by the third party plaintiff (the defendant bringing the claim for contribution relief). In contrast, a counter-claim asserts that the party (usually a defendant) is entitled to offset the damages awar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Leach (judge)
Sir John Leach (28 August 1760 – 14 September 1834) was an English judge, and Master of the Rolls. Life The son of Richard Leach, a coppersmith of Bedford, he was born in that town on 28 August 1760. After leaving Bedford School he became a pupil of Sir Robert Taylor the architect. In his office he is said to have made the working drawings for the erection of Stone Buildings, which are still preserved at Lincoln's Inn, and to have designed Howletts, in the parish of Bekesbourne, Kent. On the recommendation of his old fellow-pupil, Samuel Pepys Cockerell, and other friends, Leach abandoned architecture for the law, and was admitted a student of the Middle Temple on 26 January 1785. Having studied of conveyancing and equity drafting in the chambers of William Alexander, he was called to the bar in Hilary term 1790, and joined the home circuit and Surrey sessions. In 1792 he was engaged as counsel in the Seaford election petition, and in 1795 was elected recorder of that C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Diplock, Baron Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan (nee Brooke). He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. He was Secre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leslie Scarman, Baron Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister who served as a Law Lord until his retirement in 1986. He was described as an "outstanding judicial figure, entrusted with the most high-profile inquiries and marked by his integrity". Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a double first. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, know ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff As An Appellate Judge
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, renown, godlike" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin.Reaney & Wilson, 1997. ''Dictionary of English Surnames''. Oxford University Press. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe, the name entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brunei
Brunei, officially Brunei Darussalam, is a country in Southeast Asia, situated on the northern coast of the island of Borneo. Apart from its coastline on the South China Sea, it is completely surrounded by the Malaysian state of Sarawak, with its territory bifurcated by the Sarawak district of Limbang District, Limbang. Brunei is the only sovereign state entirely on Borneo; the remainder of the island is divided between its multi-landmass neighbours of Malaysia and Indonesia. , the country had a population of 455,858, of whom approximately 180,000 resided in the Capital city, capital and largest city of Bandar Seri Begawan. Its official language is Malay language, Malay, and Islam is the state religion of the country, although Religion in Brunei, other religions are nominally tolerated. The government of Brunei is an absolute monarchy ruled by the Sultan, and it implements a fusion of English common law and jurisprudence inspired by Islam, including sharia. At the Bruneian Emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
