Spiliada V Cansulex Ltd
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Spiliada V Cansulex Ltd
''The Spiliada'' or is a leading decision of the House of Lords on the doctrine of ''forum non conveniens''. It has been described as the "seminal case" on jurisdictional issues. Facts Wet sulphur was loaded onto two ships docked in British Columbia causing damage to them. An action was brought in England by the Liberian owners of the ''Spiliada'' for the damage to the ship against the sulphur exporter. The owners of the second ship, the ''Cambridgeshire'' also brought an action in England. Both ships were insured by English insurers. The plaintiffs applied for leave to serve the defendants ''ex juris''. The trial judge granted leave. The defendant successfully appealed. The Court of Appeal held that the expenses alone and the existence of a B.C. limitation period were not enough to allow the claim to come to England. Prior to the present case, an application for a stay or dismissal of proceedings falling within the proper jurisdiction of the court could only be granted on ve ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains, and borders the province of Alberta to the east and the Yukon and Northwest Territories to the north. With an estimated population of 5.3million as of 2022, it is Canada's third-most populous province. The capital of British Columbia is Victoria and its largest city is Vancouver. Vancouver is the third-largest metropolitan area in Canada; the 2021 census recorded 2.6million people in Metro Vancouver. The first known human inhabitants of the area settled in British Columbia at least 10,000 years ago. Such groups include the Coast Salish, Tsilhqotʼin, and Haida peoples, among many others. One of the earliest British settlements in the area was Fort Victoria, established ...
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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 ...
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List Of House Of Lords Cases
This article lists by year the cases heard before the Judicial Committee of the House of Lords until it was replaced by the Supreme Court of the United Kingdom in October 2009. The House of Lords was the only body capable of hearing appeals from some courts of the United Kingdom; for instance, in England and Wales, it heard appeals from the Court of Appeal, and could in some circumstances hear appeals directly from the High Court of Justice. 1920 * '' DPP v Beard'' 920AC 479, 14 Cr App Rep 159 1952 * '' Carslogie Steamship Co v Royal Norwegian Government'' 1963 * '' Attorney-General for Northern Ireland v Gallagher'' 963AC 349, 45 Cr App Rep 316 1982 * '' Metropolitan Police Commissioner v Caldwell'' 982AC 341 1985 * ''Anderton v Ryan'' 1986 * '' British Leyland Motor Corp. v Armstrong Patents Co.'' * ''R v Shivpuri'' 986UKHL 2 1988 * '' Hotson v East Berkshire Health Authority'' 988UKHL 1 1989 * ''R v Howe'' 987AC 417, 85 Cr App Rep 32 1991 * '' R ...
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Singapore Academy Of Law
The Singapore Academy of Law (SAL) is a statutory body in Singapore. SAL is a promotion and development agency for Singapore's legal industry. SAL also undertakes statutory functions such as stakeholding services and the appointment of Senior Counsel, Commissioners for Oaths and Notaries Public. It also organises the annual TechLaw.Fest with the Ministry of Law and MP International. The conference is a global gathering of legal and tech professionals and has featured speakers like Sir Tim Berners-Lee and Law Minister K Shanmugam. SAL has 3 sub-brands: Singapore Law Watch, Academy Publishing and LawNet (known as Legal Workbench in Malaysia). SAL also has 3 subsidiaries: the Singapore Mediation Centre, the SAL Ventures and the Asian Business Law Institute. History The Singapore Academy of Law Act was created by an Act of Parliament on 1 November 1988, and had its City Hall premises officially opened by former Prime Minister Lee Kuan Yew. With the Singapore Academy of Law (Am ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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Prima Facie
''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' ('face'), both in the ablative case. In modern, colloquial and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. Burde ...
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Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ...
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Maharanee Of Baroda V Wildenstein
''HRH the Maharanee of Baroda v Wildenstein'',''Maharanee of Baroda v Wildenstein'' 9722 QB 283, Court of Appeal (England and Wales). was a decision of the English Court of Appeal relating to the conflict of laws, and specifically whether the English courts should take jurisdiction in relation to a claim which had no substantial connections with England on the basis that the defendant was served with proceedings during a brief visit to the country. The case was decided before the modern development of the doctrine of ''forum non conveniens'' and the decision of the House of Lords in ''Spiliada Maritime Corp v Cansulex Ltd'',. and is no longer considered to be good law in that regard. The case is often still referred to by way of illustration to the parochial and slightly paternalistic view previously taken by the English courts in relation to matters of jurisdiction, and in particular the comments of Lord Denning MR and Edmund Davies LJ. However the principle established by ...
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Ex Juris
Service ex juris is legal notice of an upcoming proceeding given to a defendant who resides outside of the jurisdiction of the court. Rules of service ''ex juris'' are typically found in the rules of civil procedure and are limited by subject matter and the strength of the connection between the subject and the jurisdiction. See also * Long-arm jurisdiction Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdic ... Conflict of laws Civil procedure {{law-term-stub ...
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Sulphur
Sulfur (or sulphur in British English) is a chemical element with the symbol S and atomic number 16. It is abundant, multivalent and nonmetallic. Under normal conditions, sulfur atoms form cyclic octatomic molecules with a chemical formula S8. Elemental sulfur is a bright yellow, crystalline solid at room temperature. Sulfur is the tenth most abundant element by mass in the universe and the fifth most on Earth. Though sometimes found in pure, native form, sulfur on Earth usually occurs as sulfide and sulfate minerals. Being abundant in native form, sulfur was known in ancient times, being mentioned for its uses in ancient India, ancient Greece, China, and ancient Egypt. Historically and in literature sulfur is also called brimstone, which means "burning stone". Today, almost all elemental sulfur is produced as a byproduct of removing sulfur-containing contaminants from natural gas and petroleum.. Downloahere The greatest commercial use of the element is the production o ...
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