Proprietary estoppel and wills

1999 ◽  
Vol 58 (1) ◽  
pp. 1-48
Author(s):  
Patrick Milne
Keyword(s):  
High Court ◽  
English Law ◽  
The Right

WHEN is a promise to benefit someone on one's death an enforceable promise? This was the question for the High Court in Gillett v. Holt and Another [1998] 3 All E.R. 917. As Carnwath J. recognised, the difficulty lies in reconciling proprietary estoppel with the principle that “[s]ubject to specific exceptions (such as for dependants), the right to decide, and change one's mind as to, the devolution of one's estate is a basic and well understood feature of English law”.

Re-evaluating the Admiralty Jurisdiction of Nigeria's Federal High Court in the Age of Combined Transport Shipping

2021 ◽  
pp. 1-12
Author(s):  
Festus O Ukwueze ◽  
Herbert A Umezuruike ◽  
Dike J Ibegbulem
Keyword(s):  
High Court ◽  
National Legislation ◽  
English Law ◽  
High Seas

Abstract This article critically examines the admiralty jurisdiction of the Federal High Court of Nigeria in relation to claims arising from combined transport shipping. It questions the rationale for the continued circumscription of the court's admiralty jurisdiction to activities on navigable waters based on English law pedigree. It argues that, in the present era of containerization and combined transport shipping, it has become imperative to unshackle Nigerian courts from English antecedents that limit the admiralty jurisdiction of the court to activities on the high seas. The article identifies extant national legislation, a continental instrument and recent judicial authorities that provide the basis for expanding the Federal High Court's admiralty jurisdiction to accommodate the adjudication of claims derived from combined transport shipping beyond the locale of the high seas.

What services are available for the treatment of transsexuals in Great Britain?

2002 ◽  
Vol 26 (6) ◽  
pp. 210-212 ◽  
Author(s):  
S. Murjan ◽  
M. Shepherd ◽  
B. G. Ferguson
Keyword(s):  
Great Britain ◽  
Local Level ◽  
International Standards ◽  
Standards Of Care ◽  
High Court ◽  
Health Authorities ◽  
Legal Situation ◽  
Specialist Services ◽  
Assessment And Treatment ◽  
The Right

AIMS AND METHODWe conducted a questionnaire survey of all 120 health authorities and boards responsible for the commissioning of services for the assessment and treatment of transsexual people in England, Scotland and Wales, in order to identify the nature of the input offered and assess conformity to current international standards of care.RESULTSEighty-two per cent of the commissioning authorities responded and confirmed that most health authorities/boards provide a full service for the treatment of transsexuals, although this would be delivered at a local level in only 20% of cases. However, 11 commissioning authorities gave confused and inaccurate responses and three other health authorities appear to hold views on the commissioning of these specialist services that are not in keeping with the current legal situation and a recent High Court ruling, which establishes the right of transsexual people to NHS assessment and treatment.CLINICAL IMPLICATIONSThere are discrepancies in prioritisation and provision of clinical services for this group that are not standard across Great Britain.

Summary judgment — Quo vadis?

2021 ◽  
Vol 138 (1) ◽  
pp. 88-114
Author(s):  
Thino Bekker
Keyword(s):  
South African ◽  
Historical Development ◽  
Access To Justice ◽  
High Court ◽  
The Core ◽  
Golden Opportunity ◽  
Quo Vadis ◽  
The Right ◽  
Summary Judgment ◽  
Made In

The summary judgment procedure in South African law provides for a speedy judgment in favour of a deserving plaintiff where it can be shown that the defendant does not have a triable defence. In 2019 the Rules Board made certain drastic amendments to the procedure of summary judgment in the high court. In this article the historical development of the procedure of summary judgment will be discussed, and the new amendments to rule 32 of the Uniform Rules of Court critically evaluated. It will be argued that the amendments to rule 32 were unnecessary and that it may diminish the right to access to justice in civil disputes. It will, however, also be argued that there are some merits in the critique raised by the Rules Board in relation to rule 32 and that the Rules Board missed a golden opportunity to overhaul the entire summary judgment procedure in a more sensible manner and in line with the core constitutional values of s 34 of the Constitution. It will be argued that rule 32 should be replaced in its entirety by a new, more streamlined procedure, and some recommendations for legal reform will be made in this regard.

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

scholarly journals The Islamic Law of Marriage and Inheritance in Kenya

2021 ◽  
pp. 1-25
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Islamic Law ◽  
Case Law ◽  
Equal Rights ◽  
High Court ◽  
Personal Status ◽  
The Right ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Islamic Marriage

Abstract Article 24(4) of the Constitution of Kenya qualifies the right to equality “to the extent strictly necessary for the application of” Islamic law “in matters relating to personal status, marriage, divorce and inheritance”. Section 3 of the Marriage Act provides that, although spouses have equal rights during marriage and at its dissolution, “the parties to an Islamic marriage shall only have the rights granted under Islamic law”. The Law of Succession Act states that it is generally not applicable to the estate of a deceased Muslim. In this article, the author examines case law from the Kadhi's Court, the High Court and the Court of Appeal on issues of Muslim marriages and inheritance. These cases illustrate, in some instances, the tensions between Islamic law and human rights.

Australia and pandemics v BLM: No, Love Lost (at the High Court) Part I

2021 ◽  
pp. 1037969X2110240
Author(s):  
Asmi Wood
Keyword(s):  
Thin Layer ◽  
Indigenous Peoples ◽  
High Court ◽  
Founding Fathers ◽  
The Right ◽  
Do The Right Thing ◽  
Do So

Whatever else may have been their shortcoming with respect to coloured people, the founding fathers clearly did not view Indigenous peoples as aliens. They made it clear that Indigenous peoples were a state issue and that their regulation was to be local. The founding fathers also did not (or probably could not) ethnically cleanse the continent and did not appear to attempt to do so. In seeking to deport two Aboriginal men the current executive are attempting to do what not even the most racist of their forebears did not dare. In Love, in a wafer‐thin majority, the High Court has created a wafer‐thin layer of protection for Indigenous persons in the class of the plaintiffs. This two part article calls on the non-Indigenous peoples, who now share this continent to shake off their apathy and force their recalcitrant leaders to ‘do the right thing by Blacks’ something they claim to have done for the immigrants to this continent.

14. Privacy

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
European Convention ◽  
Invasion Of Privacy ◽  
Right Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Right Of Privacy ◽  
The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

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