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Portal:Law of England and Wales

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Introduction

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

Selected article

The Instrument of Abdication signed by Edward VIII and his three brothers
In 1936, a constitutional crisis in the British Empire was caused by King-Emperor Edward VIII's proposal to marry Wallis Simpson, a twice-divorced American socialite. The marriage was opposed by the King's governments in the United Kingdom and the autonomous Dominions of the British Commonwealth. Religious, legal, political, and moral objections were raised. Mrs Simpson was perceived to be an unsuitable consort because of her two failed marriages, and it was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposition, Edward declared that he loved Mrs Simpson and intended to marry her whether the governments approved or not. The widespread unwillingness to accept Mrs Simpson as the King's consort, and the King's refusal to give her up, led to Edward's abdication in December 1936. He remains the only British monarch to have voluntarily renounced the throne since the Anglo-Saxon period. (more...)

Selected biography

Lloyd Kenyon, 1st Baron Kenyon
Lloyd Kenyon, 1st Baron Kenyon (1732–1802) was a British politician and barrister, who served as Attorney General, Master of the Rolls and Lord Chief Justice. Rather than going to university he instead worked as a clerk to an attorney, joining the Middle Temple in 1750 and being called to the Bar in 1756. His business increased thanks to his friendships with John Dunning, who, overwhelmed with cases, allowed Kenyon to work many, and Lord Thurlow who secured for him the Chief Justiceship of Chester in 1780. He was returned as the Member of Parliament (MP) for Hindon the same year, serving repeatedly as Attorney General under William Pitt the Younger. On 27 March 1784 he was appointed Master of the Rolls, a job he dedicated himself to once he ceased to act as an MP. Although unfamiliar with Roman law, he was highly efficient; Lord Eldon said "I am mistaken if, after I am gone, the Chancery Records do not prove that if I have decided more than any of my predecessors in the same period of time, Sir Lloyd Kenyon beat us all". On 9 June 1788, Kenyon succeeded Lord Mansfield as Lord Chief Justice, and was granted a barony. He remained Lord Chief Justice until his death in 1802. (more...)

Selected case

Slade's Case was a case in English contract law that ran from 1596 to 1602. Under the medieval common law, claims seeking the repayment of a debt or other matters could only be pursued through a writ of debt in the Court of Common Pleas, a problematic and archaic process. By 1558 the lawyers had succeeded in creating another method, enforced by the Court of King's Bench, through the action of assumpsit, which was technically for deceit. The legal fiction used was that by failing to pay after promising to do so, a defendant had committed deceit, and was liable to the plaintiff. The conservative Common Pleas, through the appellate court the Court of Exchequer Chamber, began to overrule decisions made by the King's Bench on assumpsit, causing friction between the courts. In Slade's Case, a case under assumpsit, which was brought between judges of the Common Pleas and King's Bench, was transferred to the Exchequer Chamber where the King's Bench judges were allowed to vote. The case dragged on for five years, with the judgment finally being delivered in 1602 by the Chief Justice of the King's Bench, John Popham. Popham ruled that assumpsit claims were valid, a decision called a "watershed" moment in English law, with archaic and outdated principles being overwritten by the modern and effective assumpsit, which soon became the main course of action in contract cases. This is also seen as an example of judicial legislation, with the courts making a revolutionary decision Parliament had failed to make. (more...)

Selected image

Sir William Blackstone (1723–1780), lawyer and author of Commentaries on the Laws of England
Credit: Unknown artist
Sir William Blackstone (1723–1780), lawyer and author of Commentaries on the Laws of England

Selected legislation

The Trustee Act 2000 is an Act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law. Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees' Powers and Duties", which was introduced to the House of Lords in January 2000. The bill received the Royal Assent on 23 November 2000 and came into force on 1 February 2001 through the Trustee Act 2000 (Commencement) Order 2001, a Statutory Instrument, with the Act having effect over England and Wales. The Act (which is still in force) covers five areas of trust law: the duty of care imposed upon trustees, trustees' power of investment, the power to appoint nominees and agents, the power to acquire land, and the power to receive remuneration for work done as a trustee. It sets a new duty of care, both objective and standard, massively extends the trustees' power of investment and limits the trustees' liability for the actions of agents, also providing for their remuneration for work done in the course of the trust. (more...)

Did you know...

From Wikipedia's "Did You Know" archives:

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Judicial oath, as sworn by judges on their appointment, from the Promissory Oaths Act 1868.

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Topics

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Legislative and constitutional system

Constitution • Parliament • House of Commons • House of Lords • Legislation • Law enforcement • Royal Prerogative

Courts and tribunals

Courts of England and Wales • Supreme Court • Court of Appeal • High Court • Crown Court • County Courts • Magistrates' Court • Criminal Injuries Compensation Authority • Employment Appeal Tribunal • Employment Tribunal • Information Tribunal • Mental Health Review Tribunal

Judges

Lord Chancellor • President of the Supreme Court of the United Kingdom • Lord Chief Justice • Master of the Rolls • Chancellor of the High Court • President of the Family Division • President of the Queen's Bench Division • Lord Justice of Appeal • High Court judge • Judiciary of England and Wales • Magistrates of England and Wales

Government and state bodies

Ministry of Justice • Secretary of State for Justice • Attorney General • Director of Public Prosecutions • Crown Prosecution Service • Her Majesty's Courts Service • HM Land Registry • National Offender Management Service (HM Prison Service • National Probation Service) • Law Commission • Office of the Public Guardian • Tribunals Service • Administrative Justice and Tribunals Council · Boundary Commissions • Civil Justice Council • Information Commissioner's Office • Judicial Appointments Commission • Judicial College • Legal Services Commission • Sentencing Council • Youth Justice Board

Lawyers and institutions

Barrister • Bar Standards Board • Inns of Court (Gray's Inn, Inner Temple, Lincoln's Inn, Middle Temple) • General Council of the Bar • Queen's Counsel • Solicitor • Law Society of England and Wales • Solicitors Regulation Authority • Legal executive • Institute of Legal Executives

Legal areas

Administrative law • Causation • Civil liberties • Commercial law • Company law • Competition law • Contract law • Criminal law • Estoppel • Family law • Frustration • Insanity • Insolvency • Intoxication • Inquests • Juries • Labour law • Loss of a chance • Manslaughter • Marriage • Misrepresentation • Mistake • Murder • Nuisance • Police powers • Privacy law • Property law • Provocation • Right to silence • Tort law • Trespass • Trusts law

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