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The House of Lords and the English Court of Appeal

Gavin Drewry and Louis Blom-Cooper

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0004
Subject:
Law, Legal History

This chapter discusses the relationship between the Court of Appeal in England and Wales and the House of Lords. The Court of Appeal provides the House of Lords with four-fifths of its caseload. ... More


Remedying miscarriages of justice: the history of the Court of Criminal Appeal

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0003
Subject:
Law, Criminal Law and Criminology

If miscarriage of justice is a tragic choice situation, we might expect to find that the changes in institutional arrangements that occur in response to recognised miscarriages of justice do not ... More


Into and out of crisis: a recent history of media reporting on miscarriages of justice 1

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines media reporting during the recent crisis of confidence in criminal justice associated with the high profile miscarriage cases that came to England's Court of Appeal in the late ... More


Scientific evidence and investigation by the new Criminal Cases Review Commission: the scope for further miscarriages of justice and crisis

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter examines changes in the current processes and institutions of criminal justice that are expected to restore public confidence in the safety of convictions: the increased use of ... More


The Courts of Appeal

Patrick Polden

in The Oxford History of the Laws of England: Volume XI: 1820–1914 English Legal System

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199258819
eISBN:
9780191718151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199258819.003.0023
Subject:
Law, Legal History

This chapter begins with a discussion of the jurisdiction, membership, organization, practice, and jurisprudence of the Court of Appeal in the 19th century. This is followed by a discussion of the ... More


From understanding miscarriage of justice to reform

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter considers the extent to which and the manner in which legal reforms can prevent miscarriages of justice, and remedy the perception of crisis, especially a perception of crisis ... More


The Role of the Court of Appeal in England and Wales as an Intermediate Court

Charles Blake and Gavin Drewry

in Building the UK's New Supreme Court: National and Comparative Perspectives

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264629
eISBN:
9780191698965
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264629.003.0010
Subject:
Law, Legal Profession and Ethics

Any discussion of the role of intermediate courts in the legal system of England and Wales must begin with an historical record of the provenance and original purposes of the principal court ... More


Lord Bingham’s Contributions to Commercial Law

Bernard Rix

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0042
Subject:
Law, Legal History

This chapter addresses Lord Bingham's judicial contribution to commercial law. It discusses a number of selected cases from the three main stages of Lord Bingham's judicial career: the Commercial ... More


Torts

Robert Stevens

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0040
Subject:
Law, Legal History

The modern law of torts is dominated by decisions of the House of Lords. In other areas of private law this is not so. Within contract law, for example, the leading cases are frequently those of the ... More


Judicial Activism of a Special Type: South Africa's Top Courts Since 1994

Hugh Corder

in Judicial Activism in Common Law Supreme Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199213290
eISBN:
9780191707551
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199213290.003.0008
Subject:
Law, Public International Law, EU Law

This chapter examines judicial activism in South Africa's Supreme Court of Appeal and Constitutional Court. It discusses the nature of the constitution/lawmaking which has occurred over the past 15 ... More


Mixing Inquisitorial Functions within an Adversarial Process: The Criminal Cases Review Commission

Jacqueline S. Hodgson

in The Metamorphosis of Criminal Justice: A Comparative Account

Published in print:
2020
Published Online:
April 2020
ISBN:
9780199981427
eISBN:
9780190096649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199981427.003.0009
Subject:
Law, Comparative Law, Criminal Law and Criminology

This chapter centers on the tensions produced by the novel mixing of procedural traditions in the creation of the Criminal Cases Review Commission (CCRC): on the function of the commission as an ... More


The Politics of Judicial Autonomy

Sonny Shiu-Hing Lo

in The Dynamics of Beijing-Hong Kong Relations: A Model for Taiwan?

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622099081
eISBN:
9789882207547
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622099081.003.0004
Subject:
History, Political History

In January 1999, the Court of Final Appeal (CFA) made a controversial decision on the debate of the right to abode of the mainland Chinese in the HKSAR. As a result, the HKSAR government asked the ... More


Some Thoughts on the First Seven and a Half Years of the CPR

Henry Brooke

in The Civil Procedure Rules Ten Years On

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199576883
eISBN:
9780191702228
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199576883.003.0024
Subject:
Law, Constitutional and Administrative Law

This chapter considers Sir Henry Brooke's experiences during the time when he was playing a leading role in interpreting the Civil Procedure Rules (CPR) in the Court of Appeal between 2000 and 2006. ... More


Dispute Settlement through Regional Courts

David S Berry

in Caribbean Integration Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199670079
eISBN:
9780191749452
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670079.003.0014
Subject:
Law, Public International Law, Comparative Law

Chapter 14 outlines the history underpinning, and nature of, the two Caribbean regional integration courts: the Caribbean Court of Justice (CCJ) and the Eastern Caribbean Court of Appeal (ECCA). ... More


State Aids in the English Courts: Definition and Other Problems

Kelyn Bacon

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0018
Subject:
Law, EU Law

The landmark judgments of the Divisional Court and Court of Appeal in Lunn Poly seemed to herald a new era in the use of EC State aid rules in the English courts. The case distinguished a willingness ... More


Institutional Provisions

Tilmann Winfried and Plassmann Clemens

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law

The UPC, universally referred to as ‘the Court’ throughout the text of the Agreement pursuant to Art 2(a) UPCA, is to be regarded legally as a legal entity sui generis (Art 4(1) UPCA) and ... More


The Judiciary

Benny Y.T. Tai

in Contemporary Hong Kong Government and Politics

Published in print:
2012
Published Online:
January 2013
ISBN:
9789888139477
eISBN:
9789882208681
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888139477.003.0004
Subject:
Society and Culture, Asian Studies

This chapter discusses the fundamental principles of the HKSAR's legal system, which include a common law system, rule of law, judicial independence, and the protection of human rights. It then ... More


Introduction

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter discusses many important developments in the law of contempt of court. Previously to the events discussed in this chapter there had been no recourse to the Court of Appeal. All the ... More


Working Cooperatively with Other Criminal Justice Institutions

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198794578
eISBN:
9780191836022
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198794578.003.0011
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a ... More


Introduction

Richard Nobles and David Schiff

in Understanding Miscarriages of Justice: Law, the Media and the Inevitability of a Crisis

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198298939
eISBN:
9780191685552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298939.003.0001
Subject:
Law, Criminal Law and Criminology

This book is based on research that explored the history of miscarriages of justice and of attempts to adopt effective measures to remedy these from early in the nineteenth century to the present. ... More


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