CLAJ Role of the Attorney General Report
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Sovereign/Lord? the Enduring Legal Importance of Revestment Peter Edge
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Oxford Brookes University: RADAR ISLE OF MAN STUDIES Vol XV 2017 Sovereign/Lord? The enduring legal importance of Revestment Peter Edge Law has an extremely complicated relationship with significant strand in revolutionary thinking was that history. In particular, claims to legal legitimacy often they were legally in the right, as a matter of British law. base themselves on an argument that a particular legal A reissue of the banknote, after the Declaration of position can be found in earlier sources, in a sense Independence, replaced ‘Magna Carta’ with sanctified by the passing of time. This is particularly the ‘Independence’. case in areas of legal uncertainty, or areas lacking a The principal constitutional debate was one of direct statutory basis, where the occasionally Delphic relevance to the context of Revestment. The Revolution utterances of judges are particularly important. Where can, with considerable fairness, be seen as a conflict as an act of the legislature explicitly repeals an earlier act to the authority of Parliament in possessions of the on a topic, and replaces it with new legal rules, the fact Crown beyond Great Britain. The revolutionaries of the change is pretty clear. Where a range of judges argued that Parliament had no authority, particularly in over – at times – a number of centuries have relation to taxation; the British government argued that contributed to a body of law, it is much less easy to Parliament had the power to make law for possessions, establish whether a particular moment is one of change, even those with representative legislatures of their own, clarification, or reassertion of the law. -
Catharine Otton-Goulder QC | Brick Court Chambers
Brick Court Chambers 7-8 Essex Street, London WC2R 3LD DX 302 London Chancery Lane Catharine Otton-Goulder QC YEAR OF CALL: 1983 YEAR OF SILK: 2000 “‘tough but tactically aware’ who is deemed to be ‘balanced and very effective’.” Chambers & Partners 2009 Clerk's Email: [email protected] Practice Overview Catharine works in general commercial and common law. She handles very large, paper-heavy, litigation as well as smaller trials, arbitrations, and applications. She particularly enjoys complicated and intellectually stimulating work, and solving knotty problems. She has extensive experience in work involving many jurisdictions, both in foreign courts and in arbitrations in this jurisdiction and elsewhere, foreign laws and conflicts of laws issues, injunctions (especially freezing orders) and the tactical, strategic and evidential problems which arise in the conduct of such litigation. She is particularly interested in the best ways of achieving enforcement of judgments and awards. She acted for Barclays Bank in the interest rates swaps litigation, and as advised many banks and institutions concerned about their exposure on their loans to and contracts with public bodies. She was involved in the Tin Council litigation. She acted for Barclays de Zoete Wedd in the administration of British & Commonwealth Holdings plc, and in litigation arising from the collapse of Barings. She represented the Premier League in the trial concerning the issue of whether Premier League clubs were individually entitled to sell the television rights in their matches, and the pharmaceutical industry in a trial about whether resale price maintenance in that industry was justified. She acted for Motorola in seeking to recover over US$2bn from four members of a Turkish family called Uzan and their company. -
Hansard of Oral Evidence: 11 November 2019 HM Attorney General
S T A N D I N G C O M M I T T E E O F T Y N W A L D C O U R T O F F I C I A L R E P O R T R E C O R T Y S O I K O I L B I N G V E A Y N T I N V A A L P R O C E E D I N G S D A A L T Y N Constitutional and Legal Affairs and Justice Committee HM ATTORNEY GENERAL HANSARD Douglas, Monday, 11th November 2019 PP2019/0154 CLAJ-AG, No. 1/2019-20 All published Official Reports can be found on the Tynwald website: www.tynwald.org.im/business/hansard Published by the Office of the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas, Isle of Man, IM1 3PW. © High Court of Tynwald, 2019 STANDING COMMITTEE, MONDAY, 11th NOVEMBER 2019 Members Present: Chairman: Mrs J P Poole-Wilson MLC Mr L L Hooper Mr C C Robertshaw Clerk: Mr R I S Phillips Contents Procedural ........................................................................................................................................ 3 EVIDENCE OF HM Attorney General, Mr John Quinn QC MLC ........................................................ 3 The Committee sat in private at 12.18 p.m. .................................................................................. 28 __________________________________________________________________ 2 CLAJ-AG/19-20 STANDING COMMITTEE, MONDAY, 11th NOVEMBER 2019 Standing Committee of Tynwald on Constitutional and Legal Affairs and Justice HM Attorney General The Committee sat in public at 10.30 a.m. in the Legislative Council Chamber, Legislative Buildings, Douglas [MRS POOLE-WILSON in the Chair] Procedural The Chairman (Mrs Poole-Wilson): Good morning and welcome to this public meeting of the Constitutional and Legal Affairs and Justice Committee. -
Infrastructure Shipping and Navigation
Manx Marine Environmental Assessment Infrastructure Shipping and Navigation Douglas Harbour. Photo: Isle of Man Steampacket MMEA Chapter 6.2 December 2013 Lead authors: Colin Finney - Department of Infrastructure Laura Hanley – Isle of Man Marine Plan Further contributions: Captain Kane Taha & Captain Chris Bowen – Isle of Man Steampacket Robin Tobin - Dohle/Mezeron Captain Stephen Carter - Laxey Towing Ltd. Dr Emma Rowan, Michael MacDonald, Stuart Temple, Dr Peter McEvoy - Department of Infrastructure David Morter, Graham Dugdale – Department of Economic Development Colin Eastwood - Department of Environment, Food and Agriculture Roy McClean – Institute of Marine Science and Technology, Royal Institute of Naval Architects (IMarEST, RINA) Isle of Man Joint Branch Volunteer members of Isle of Man Coastguard and Royal National Lifeboat Institute (RNLI). MMEA Chapter 6.2 – Infrastructure Manx Marine Environmental Assessment Version: December 2013 © Isle of Man Government, all rights reserved This document was produced as part of the Isle of Man Marine Plan Project, a cross Government Department project funded and facilitated by the Department of Infrastructure, Department of Economic Development and Department of Environment, Food and Agriculture. This document is downloadable from the Department of Infrastructure website at: http://www.gov.im/categories/planning-and-building-control/marine-planning/manx-marine- environmental-assessment/ For information about the Isle of Man Marine Plan Project please see: http://www.gov.im/categories/planning-and-building-control/marine-planning/ Contact: Manx Marine Environmental Assessment Isle of Man Marine Plan Project Planning & Building Control Division Department of Infrastructure Murray House, Mount Havelock Douglas, IM1 2SF Suggested Citations Chapter Finney, C., Hanley, L., Taha, K., Bowen, C., Tobin, R., Carter, S., Rowan, E., MacDonald, M., Temple, S., McEvoy, P., Morter, D., Dugdale, G., Eastwood, C., McClean, R. -
Mission to Isle of Man 22-23 November 2018
Special Committee on Tax Crimes, Tax Evasion and Tax Avoidance (TAX3) Mission to Isle of Man 22-23 November 2018 PRELIMINARY DRAFT PROGRAMME Thursday, 22 ARRIVAL TO ISLE OF MAN of Members foreseen for November 2018 Thursday afternoon at 15.00 local time (departure from Brussels in the morning). Thursday, 22 November 2018 Time Institution/Host Address/Tel Subject Scenic tour of the Island with a short stop at Tynwald Hill established by the Vikings where the Island’s Parliament, which Pick up from the 15.15 - 16.45 is 1,000 years old, airport annually promulgates the Island’s laws at the Island’s National Day every 5th July. Arrival to hotel for the first meeting Fight against Meeting with money laundering Taxwatch, informal Fight against Isle of Man-based corporate and discussion group on individual tax 17.00 - 18.00 Hotel the topics of tax evasion avoidance and the Transparency of offshore finance beneficial industry ownership VAT Time Institution/Host Address/Tel Subject Fight against money laundering, tax evasion and 18.10 - 19.10 Meeting with Appelby Hotel tax avoidance Transparency of beneficial ownership Checking in at the hotel and transfer to the venue of the dinner (walking distance) Working dinner with Hon Howard Quayle MHK, Chief Minister Hon Alfred Cannan MHK, Minister for the Treasury Hon Laurence Skelly MHK, Minister for Fight against Enterprise money laundering Fight against Mr Will Greenhow, Organised by the corporate and Chief Secretary IoM Government individual tax 20.00 - 22.00 evasion Mr John Quinn, HM Venue -
Christian Theology and the Laws of King Magnus the Lawmender of Norway, 1261-1281
Western Michigan University ScholarWorks at WMU Master's Theses Graduate College 8-2019 A Kingdom of Co-Inherence: Christian Theology and the Laws of King Magnus the Lawmender of Norway, 1261-1281 Dillon Richard Frank Knackstedt Follow this and additional works at: https://scholarworks.wmich.edu/masters_theses Part of the European History Commons, and the History of Religion Commons Recommended Citation Knackstedt, Dillon Richard Frank, "A Kingdom of Co-Inherence: Christian Theology and the Laws of King Magnus the Lawmender of Norway, 1261-1281" (2019). Master's Theses. 4726. https://scholarworks.wmich.edu/masters_theses/4726 This Masters Thesis-Open Access is brought to you for free and open access by the Graduate College at ScholarWorks at WMU. It has been accepted for inclusion in Master's Theses by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. A KINGDOM OF CO-INHERENCE: CHRISTIAN THEOLOGY AND THE LAWS OF KING MAGNUS THE LAWMENDER OF NORWAY, 1261-1281 by D.R.F. Knackstedt A thesis submitted to the Graduate College in partial fulfillment of the requirements for the degree of Master of Arts History Western Michigan University July 2019 Thesis Committee: Robert Berkhofer III, Ph.D., Chair Jana Schulman, Ph.D. Sally Hadden, Ph.D. © D.R.F. Knackstedt 2019 ACKNOWLEDGEMENTS No thesis would be complete without the litany of names of which Hilaire Belloc speaks in The Path to Rome. The first kernel of this thesis came while I was reading Christopher Dawson’s The Mang of Europe, when he briefly discussed King Cnut’s laws. -
Doing a Good Deed: the Uniqueness of the Manx Deed
May 2020 Doing a Good Deed: The Uniqueness of the Manx Deed. The Legal Mechanism of the Deed It was said by the English Kings Bench Division in Sharington v Strotton (1564) 1 Plow. 298, 308 that the law of England was that there were two ways of making contracts or agreements. One by words and one in writing. The court opined that because words “are oftentimes spoken by men unadvisedly and without deliberation”, a contract by words alone will not bind without valuable consideration (being a benefit gained or detriment suffered, per Lush J (at 162) in Currie v Misa (1874) LR 10 Ex 153). However, this would not be the case when an agreement was made by deed which would represent an enforceable promise made without valuable consideration due to the formality of the decision to make an accord. The court stated in Sharington v Strotton at [308]: - “For when a man passes a thing by deed, first there is the determination of the mind to do it, and upon that he causes it to be written, which is one part of deliberation, and afterwards he puts his seal to it, which is another part of deliberation, and lastly he delivers the writing as his deed, which is the consummation of his resolution; and by the delivery of the deed from him that makes it to him to whom it is made, he gives his assent to part with the thing contained in the deed to him to whom he delivers the deed, and this delivery is as a ceremony in law, signifying fully his good-will that the thing in the deed should pass from him to the other.” Contracts by deed therefore played a role in the common law to protect the party or parties from imprudent commitments. -
Petitions of Doleance, Status Quo and Actions of Arrest Are Useful Manx Remedies and Should Be Retained” - Discuss1
“Petitions of Doleance, Status Quo and Actions of Arrest are useful Manx remedies and should be retained” - discuss1 Three very Manx remedies Paul Rodgers, Articled Clerk2 1 George Johnson Law Prize Essay 2009; Essay (c) 2 Articled to Irini Newby; Articles commenced November 2007 Page 1 ~ -.- ~ Table of Contents ~ -.- ~ 1.0 INTRODUCTION .................................................................................................................................................... 3 2.0 PETITION OF DOLEANCE ..................................................................................................................................... 4 2.1 Introduction ..................................................................................................................................................... 4 2.2 Usefulness in the Separation of Powers ........................................................................................................... 4 2.3 The lack of procedural bureaucracy ................................................................................................................. 5 2.4 Time Limits ..................................................................................................................................................... 6 2.5 Usefulness – Sufficiency of remit and power .................................................................................................. 8 2.6 Issues of cost ................................................................................................................................................... -
European Communities (Isle of Man) Act 1973
c i e AT 14 of 1973 EUROPEAN COMMUNITIES (ISLE OF MAN) ACT 1973 European Communities (Isle of Man) Act 1973 Index c i e EUROPEAN COMMUNITIES (ISLE OF MAN) ACT 1973 Index Section Page 1 Interpretation ................................................................................................................... 5 1A Changes in terminology ................................................................................................. 9 2 General implementation of the Treaties ...................................................................... 9 2A Application to Island of EU instruments ................................................................... 10 2B Implementation of EU obligations ............................................................................. 12 2C Ambulatory references to EU instruments ............................................................... 13 3 Decisions on, and proof of, Treaties and EU instruments etc ................................ 14 4 [Repealed] ...................................................................................................................... 15 5 The common agricultural policy ................................................................................ 15 6 EU offences .................................................................................................................... 16 7 Furnishing of information to the EU .......................................................................... 16 8 [Repealed] ..................................................................................................................... -
Channel Islands and the Isle of Man Law a Research Guide by the Law Society Library
Channel Islands and the Isle of Man law A research guide by the Law Society Library This guide is based on material held in the Law Society Library. Access to the Library or the Library Enquiry Service is restricted to members of the Law Society and their agents. Isle of Man Constitutional Position The Isle of Man is a dependency of the British Crown and has its own legislature, the Tynwald. Many Acts of the UK Parliament are extended to the Isle of Man by Orders in Council, issued as UK Statutory Instruments. Acts passed by the Tynwald must receive the Royal Assent. Library holdings of Isle of Man legal materials with shelf locations Legislation Statutes of the Isle of Man 1417-1970 (gaps in early 19th century, 1916-1920, 1925-1941) Bay 179C Acts of the Tynwald 1971- (N.B. recent years in black and red binders at 179F) Bay 179D Companies Acts Bay 180C Statutes in Force. Taxation Acts and Companies Legislation Bay 179E Subject guide to Acts of the Tynwald 1350 - Bay 179E These are published each year with alphabetical and chronological lists and act as a guide to those statutes still in force. Law Reports Manx Law Reports 1972- Bay 180B Index to Manx Law Reports Bay 180B Books There is a small collection of textbooks Bay 180B List of officers and directory of advocates, solicitors and attorneys, Isle of Man Law Society Bay 2E Serials Manx law bulletin Bay 180A Useful telephone numbers Isle of Man Central Reference Library 01624 611933 Law Society of the Isle of Man 01624 662910 email:[email protected] Channel Islands Constitutional position The Channel Islands are separate jurisdictions from the United Kingdom and are divided into the two Bailiwicks of Jersey and Guernsey. -
Tynwald Day 2016
Welcome to Tynwald Day The Midsummer sitting of Tynwald Court at St John’s is a ceremony with origins more than a thousand years old. Its central feature is the promulgation of new Acts of Tynwald, which is the final stage in the Manx legislative process. The ceremony is in three parts. It begins in the Royal Chapel with a service of worship at 11am. Then the Members of Tynwald and other participants move to Tynwald Hill where the Acts are promulgated and any petitions are brought forward. Finally the Court returns to the Royal Chapel where the Acts are captioned. The Court of Tynwald in session – P Dougherty Members of Tynwald PAUL DOUGHERTY The Hon Clare Christian, President of Tynwald Legislative Council The Right Revd R M E Paterson, Lord Bishop Mr J L M Quinn, HM Acting Attorney General Mr D M Anderson Hon T M Crookall Mr M R Coleman Mr R W Henderson Mr C G Corkish MBE Mr J R Turner Mr D C Cretney Mr T P Wild House of Keys The Hon S C Rodan, Speaker Mr R K Harmer Mr C R Robertshaw Mrs K J Beecroft Mr J R Houghton Hon R A Ronan Hon A R Bell, Chief Minister Mr J Joughin Hon J P Shimmin Mr G G Boot Mr P Karran Mr L I Singer Mr A L Cannan Mr W M Malarkey Hon L D Skelly Mr G D Cregeen Mr G R Peake Hon W E Teare Hon P A Gawne Hon R H Quayle Mr C C Thomas Mr Z Hall Mr D J Quirk Hon J P Watterson Officers of Tynwald Mr R I S Phillips, Clerk of Tynwald and Secretary of the House of Keys Mr J D C King, Deputy Clerk of Tynwald and Clerk of the Legislative Council Mrs J Corkish, Third Clerk of Tynwald Revd W H Martin, Chaplain of the House of -
Jersey & Guernsey Law Review | a Very Particular Remedy: Doleance In
Jersey & Guernsey Law Review – June 2011 A VERY PARTICULAR REMEDY: DOLEANCE IN THE CROWN DEPENDENCIES Lucy Marsh-Smith This article examines the origin, scope and extent of the Doléance1 remedy in the Channel Islands and the Isle of Man, concluding that the remedy has developed on diverse lines, so that the common name gives rise to actions very different in scope when one compares the customary law with Manx common law. 1 In the Guernsey case of Bassington Ltd v HM Procureur,2 Collins, JA, President said— “The inhabitants of Guernsey, Jersey and the Isle of Man have certain very particular remedies each of which is named a Doléance. Both the Channel Islands and the Isle of Man have in the past considered the remedy peculiar to themselves, without apparent knowledge of the existence of a remedy similarly named in the other jurisdiction. Thus the Deemster in Re the Attorney General of the Isle of Man3 considered it was unique to the Isle of Man, and there is one reference to it having been said that it is peculiar to the Channel Islands (see Bentwich—Practice of the Privy Council in Judicial Matters 3rd ed (1937), at p 54). The nature of the remedy and the means by which it is employed may differ. In the Isle of Man and Jersey it is already well established that the local Courts have jurisdiction to hear a Doléance. In Guernsey the position is much less clear.” Doleance in the Isle of Man 2 Before considering the position in the Channel Islands any further it is helpful to set out the main features of the doleance remedy in the Isle of Man, a jurisdiction where one would not expect to find the use of a French term.