Dimes v Grand Junction Canal

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Dimes v Grand Junction Canal (1852) was a case heard by the House of Lords.

House of Lords upper house in the Parliament of the United Kingdom

The House of Lords, also known as the House of Peers and domestically usually referred to simply as the Lords, is the upper house of the Parliament of the United Kingdom. Membership is granted by appointment or else by heredity or official function. Like the House of Commons, it meets in the Palace of Westminster. Officially, the full name of the house is the Right Honourable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in Parliament assembled.

The case addresses the point that "Judges must not appear to be biased". Lord Cottenham presided over a previous case in which a canal company brought a case in equity against a landowner. Lord Cottenham was later discovered to have had shares in said company. The verdict stated that although there was no suggestion that the Lord Chancellor had in fact been influenced by his interest in the company, no case should be decided by a judge with a financial interest in the outcome. It was held that the Lord Chancellor was disqualified from sitting as a judge in the case because he had an interest in the action.

A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case typically be either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce.

Judge official who presides over court proceedings

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and, typically, in an open court. The judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.

Bias is disproportionate weight in favor of or against an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, or a belief. In science and engineering, a bias is a systematic error. Statistical bias results from an unfair sampling of a population, or from an estimation process that does not give accurate results on average.

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Judicial functions of the House of Lords Historical judicial role of the UK House of Lords

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Court of Appeal (England and Wales) second most senior court in the English legal system

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Court of Chancery court of equity in England and Wales

The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the Lord Chancellor's role as Keeper of the King's Conscience, the Court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damages in special circumstances. With the shift of the Exchequer of Pleas towards a common law court and loss of its equitable jurisdiction by the Administration of Justice Act 1841, the Chancery became the only national equitable body in the English legal system.

Lord Chancellor Highest-ranking regularly-appointed Great Officer of State of the United Kingdom

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Charles Pepys, 1st Earl of Cottenham British politician

Charles Christopher Pepys, 1st Earl of Cottenham, was an English lawyer, judge and politician. He was twice Lord High Chancellor of Great Britain.

Edward Sugden, 1st Baron St Leonards British lawyer, judge, statesman, and writer

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Natural justice Concept in UK law

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Donaldson v Becket (1774) 2 Brown's Parl. Cases 129, 1 Eng. Rep. 837; 4 Burr. 2408, 98 Eng. Rep. 257; 17 Cobbett's Parl. Hist. 953 is the ruling by the United Kingdom House of Lords that held that copyright in published works was not perpetual and was instead subject to statutory limits. Some scholars disagree on the reasoning behind the decision.

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<i>Saunders v Vautier</i>

Saunders v Vautier[1841] EWHC J82, (1841) 4 Beav 115 is a leading English trusts law case. It laid down the rule of equity which provides that, if all of the beneficiaries in the trust are of adult age and under no disability, the beneficiaries may require the trustee to transfer the legal estate to them and thereby terminate the trust. The rule has been repeatedly affirmed in common law jurisdictions, and is commonly referred to as "the rule in Saunders v Vautier" for shorthand.

<i>Reynolds v Times Newspapers Ltd</i>

Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised where it was clear that the journalist had a duty to publish an allegation even if it turned out to be wrong.

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United Kingdom administrative law

United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years. Almost any public body, or private bodies exercising public functions, can be the target of judicial review, including a government department, a local council, any Minister, the Prime Minister, or any other body that is created by law. The only public body whose decisions cannot be reviewed is Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's decision was unlawful in five main types of case: (1) it exceeded the lawful power of the body, used its power for an improper purpose, or acted unreasonably, (2) it violated a legitimate expectation, (3) failed to exercise relevant and independent judgement, (4) exhibited bias or a conflict of interest, or failed to give a fair hearing, and (5) violated a human right. As a remedy, a claimant can ask for the public body's decisions to be declared void and quashed, or it could ask for an order to make the body do something, or prevent the body from acting unlawfully. A court may also declare the parties' rights and duties, give an injunction, or compensation could also be payable in tort or contract.

John Bosanquet British judge

Sir John Bernard Bosanquet KS PC was a British judge.

Tom Denning, Baron Denning British lawyer and judge

Alfred ThompsonTomDenning, Baron Denning, was an English lawyer and judge. He was called to the bar in 1923 as a barrister, and became a King's Counsel in 1938. Denning became a judge in 1944 with an appointment to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords.

Doctrine of bias in Singapore law Principle of appellate law in Singapore

Bias is one of the grounds of judicial review in Singapore administrative law which a person can rely upon to challenge the judgment of a court or tribunal, or a public authority's action or decision. There are three forms of bias, namely, actual, imputed and apparent bias.

Sir Jeffrey Gilbert (1674–1726) was an English barrister, judge and author who held office as Lord Chief Baron of the Exchequer in both Ireland and England. He later became renowned for his legal treatises, none of which were published in his lifetime.

Charles Purton Cooper QC, FRS (1793–1873) was an English lawyer and antiquary.

Procedural impropriety in Singapore administrative law

Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.

<i>Foley v Hill</i>

Foley v Hill (1848) 2 HLC 28, 9 ER 1002 is a judicial decision of the House of Lords in relation to the fundamental nature of a bank account. Together with Joachimson v Swiss Bank Corporation [1921] 3 KB 110 it forms part of the foundational cases relating to English banking law and the nature of a bank's relationship with its customer in relation to the account.

References

  1. Dimes v Grand Junction Canal (1852) sixthformlaw.info
  2. Pdf document regarding a speech by Lord Cambell in the house of lords and certain facts regarding the House of Lords case.