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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 impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.
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Dame Alison Hunter Russell, DBE, is a retired judge of the High Court of England and Wales.
The anti-deprivation rule is a principle applied by the courts in common law jurisdictions in which, according to Mellish LJ in Re Jeavons, ex parte Mackay, "a person cannot make it a part of his contract that, in the event of bankruptcy, he is then to get some additional advantage which prevents the property being distributed under the bankruptcy laws." Wood VC had earlier observed that "the law is too clearly settled to admit of a shadow of doubt that no person possessed of property can reserve that property to himself until he shall become bankrupt, and then provide that, in the event of his becoming bankrupt, it shall pass to another and not to his creditors."
Lomas v JFB Firth Rixson Inc[2012] EWCA Civ 419 is the name of a series of co-joined appeals heard by the English Court of Appeal in relation to the efficacy of certain provisions under the standard form ISDA Master Agreement. Four appeals were consolidated into a single hearing, and in a comprehensive joint judgment delivered by Lord Justice Longmore the Court attempted to provide definitive resolutions to various issues of interpretation which had given rise to conflicting judgments at first instance. One academic commentator has referred to the case as a "comprehensive judgment [which] masterfully resolved a number of conflicting strands of jurisprudence".
Sir Jonathan Frederic Parker, PC is a retired British Lord Justice of Appeal.
Paul S Davies is an English barrister and academic notable for having been published in many areas of private law, particularly commercial law. He has been the chair in Commercial Law at the Faculty of Law, University College London since 2017 and has practised as a barrister at Essex Court Chambers since 2021.
References
- ↑ "H.M. Court Service: Court of Appeal". Archived from the original on 18 July 2010.
- ↑ Described as a "comprehensive judgment [which] masterfully resolved a number of conflicting strands of jurisprudence". Edward Murray (2013). "Lomas v Firth Rixson: 'As you were!'". Capital Markets Law Journal. 8 (4): 395. doi:10.1093/cmlj/kmt020 . Retrieved 3 September 2015.[ dead link ]
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