Hillsborough Report
In retirement Sir Murray was appointed to re-examine Lord Taylor's report into the Hillsborough disaster,together with the wider question of whether the inquest process had been satisfactory. Sir Murray broadly concluded that there were no problems with the way that the inquiry had been handled. Lord Falconer later stated "I am absolutely sure that Sir Murray Stuart-Smith came completely to the wrong conclusion". [3] Falconer added:"It made the families in the Hillsborough disaster feel after one establishment cover-up,here was another." [3]
There was massive criticism of the Stuart-Smith inquiry,including outrage after the judge quipped during a meeting with families:“Have you got a few of your people or are they like the Liverpool fans,turn up at the last minute?” [4]
Criminologist Professor Phil Scraton has remained highly critical of the Stuart-Smith scrutiny,describing it as a "debacle". [2] Speaking in October 2012,Scraton said the findings of the Hillsborough Independent Panel –which disclosed that 41 of the 96 who died had the potential to survive had there been a more effective response to the emergency –showed "just how wrong he (LJ Stuart-Smith) was." [5]
William John Kenneth Diplock, Baron Diplock, 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".
Mary Howarth Arden, Baroness Mance,, PC, known professionally as Lady Arden of Heswall, is a former Justice of the Supreme Court of the United Kingdom. Before that, she was a judge of the Court of Appeal of England and Wales.
Sir William Aldous was an English judge and a judge in the Gibraltar Court of Appeal.
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract.
Sir Stephen John Sedley is a British lawyer. He worked as a judge of the Court of Appeal of England and Wales from 1999 to 2011 and was a visiting professor at the University of Oxford from 2011 to 2015.
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth, from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights.
Interpreting contracts in English law is an area of English contract law, which concerns how the courts decide what an agreement means. It is settled law that the process is based on the objective view of a reasonable person, given the context in which the contracting parties made their agreement. This approach marks a break with previous a more rigid modes of interpretation before the 1970s, where courts paid closer attention to the formal expression of the parties' intentions and took more of a literal view of what they had said.
Lloyds Bank Ltd v Bundy is a decision of the English Court of Appeal in English contract law, on undue influence. One of the three judges hearing the case, Lord Denning MR advanced the argument that under English law, all impairments of autonomy could be collected under a single principle of "inequality of bargaining power."
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences.
An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer.
Unfair terms in English contract law are regulated under three major pieces of legislation, compliance with which is enforced by the Office of Fair Trading. The Unfair Contract Terms Act 1977 is the first main Act, which covers some contracts that have exclusion and limitation clauses. For example, it will not extend to cover contracts which are mentioned in Schedule I, consumer contracts, and international supply contracts. The Consumer Rights Act 2015 replaced the Unfair Terms in Consumer Contracts Regulations 1999 and bolstered further requirements for consumer contracts. The Consumer Protection from Unfair Trading Regulations 2008 concerns certain sales practices.
Sir Andrew Peter Leggatt, PC was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As a barrister, his clients included Paul McCartney and Robert Bolt.
Phil Scraton is a critical criminologist, academic and author. He is a social researcher, known particularly for his investigative work into the context, circumstances and aftermath of the 1989 Hillsborough disaster. More recently, he was a member of the Hillsborough Independent Panel and headed its research. Currently he is Professor Emeritus, School of Law at Queen's University Belfast, and formerly Director of the Childhood, Transition and Social Justice Initiative.
Sir George Brian Hugh Dillon, PC was a British lawyer and judge who served as a Lord Justice of Appeal from 1982 to 1994.
The British Post Office scandal is a miscarriage of justice involving the wrongful civil and criminal prosecutions of an unknown or unpublished number of sub-postmasters (SPMs) for theft, false accounting and/or fraud. The cases constitute the most widespread miscarriage of justice in British legal history, spanning a period of over twenty years; aspects of the scandal remain unresolved.
Sir Denis Robert Maurice Henry, PC was an English barrister, Queen's Counsel and judge, rising to Lord Justice of Appeal. He presided over the Guinness share-trading fraud trial, a major British business scandal of the 1980s.
Sir John Murray Chadwick, ED, PC is a retired English Lord Justice of Appeal. He also served as the President of the Court of Appeal of the Cayman Islands, and as a judge of the Dubai International Financial Centre court. Sir John was also standing Counsel to the DTI, and sat as a Judge of the Courts of Appeal of Jersey and Guernsey. He also works as an arbitrator.
Sir Jonathan Frederic Parker, PC is a retired British Lord Justice of Appeal.
Glynn v Margetson is an English case on the law of carriage of goods by sea which established the "Main Purpose Rule" in relation to deviation.
