Liberty to Issue Execution in UK Law

Leading Cases
  • Stockloser v Johnson
    • Court of Appeal
    • 12 Febrero 1954

    It is interesting to compare the words used by the two learned Lord Justices in that case with chief Justice Tindal's summary of the law as to penalties in Kemble v. Farren (6 Bingham, page 141) "But that a very large sum became immediately payable, in consequence of the non-payment of a very small sum, and that the former should not be considered as a penalty, appears to be a contradiction in terms; the case being precisely that in which courts of equity have always relieved and against which courts of law have, in modern times, endeavoured to relieve, by directing juries to assess the real damages sustained by the breach of the agreement.

    The equity operates, not because of the plaintiff's default, butbecause it is in the particular case unconscionable for the seller to retain the money. In short, he ought not unjustly to enrich himself at the plaintiff's expense. This equity of restitution is to be tested, I think, not at the time of the contract, but by the conditions existing when it is invoked.

  • Jobson v Johnson
    • Court of Appeal (Civil Division)
    • 25 Mayo 1988

    One consequence of the attitude of the courts to penalty clauses is that the question whether a sum stipulated is penalty or liquidated damages is a question of construction to be decided upon the terms and inherent circumstances of each particular contract, judged of as at the time of the making of the contract, not as at the time of the breach— Dunlop Pneumatic Tyre Company Ltd. v. New Garage and Motor Company Ltd. (1915) AC 79 at 86–7, per Lord Dunedin.

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Legislation
  • Indictable Offences Act 1848
    • UK Non-devolved
    • 1 de Enero de 1848
    ...... Peace for any County, Riding, Division, Liberty, City, Borough, or Place within England . or ... such Justice or Justices of the Peace to issue his or their Warrant (B.). to apprehend such ..., signed with his Name, authorizing the Execution of such Warrant within the Jurisdiction of. the ......
  • Summary Jurisdiction Act 1848
    • UK Non-devolved
    • 1 de Enero de 1848
    ...... Peace for any County, Riding, Division, Liberty, City, Borough, or Place within England . or ... such Justice or Justices of the Peace to issue his or their Summons (A.). directed to such ..., signed with his Hand, authorizing the Execution of such Warrant within the Limits of his ......
  • Chancery (Ireland) Act 1867
    • UK Non-devolved
    • 1 de Enero de 1867
    ...... of Four thousand Pounds, which Salary shall issue and be payable out of and charged upon the ...from the due Execution of his Office, which shall be distinctly. recited ... that Purpose; and the Master shall be at liberty to proceed for the Purposes aforesaid in the ......
  • County Courts Act 1959
    • UK Non-devolved
    • 1 de Enero de 1959
    ......the execution of his duty, he shall be liable— .   . ( a . ...compliance with the order shall be issued from the. registry to which the certificate was ...set at liberty. S-123 . Power to stay execution. 123 Power to ......
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Books & Journal Articles
  • Liberty, Economics, and Evidence
    • Núm. 31-4, Diciembre 1983
    • Political Studies
    Relationships in liberal theory between liberty and economic well-being are empirical propositions: (a) economic conditions can reach a level so low as to make the effective establishment of libert...
    ...... is that all ‘2 For a cogent discussion of these issues, see Henry Shue, Basic Rights: Subsistence, Affluence, and ... group was mostly designed to smooth the way for the execution of the latter group’s economic policies. Those policies, ......
  • Mutual recognition in criminal matters, deprivation of liberty and the principle of proportionality
    • Núm. 25-6, Diciembre 2018
    • Maastricht Journal of European and Comparative Law
    This paper argues that the application of mutual recognition to judicial cooperation in criminal matters within the European Union (EU) imposes a redefinition of the right to liberty to adjust the ...
    ...... and the right to liberty in mutual recognition, there are thorny issues left unanswered by the EU institutions. 2. The principle(s) of ...23 The FD sets precise deadline for recognition and execution. 24 The executing judge must decide whether the person arrested must be ......
  • The European Court of Human Rights supervising the execution of its judgments
    • Núm. 37-3, Septiembre 2019
    • Netherlands Quarterly of Human Rights
    The European Convention on Human Rights (‘Convention’) provides that the Committee of Ministers shall supervise the execution of the European Court of Human Rights’ (‘Court’) judgments. This articl...
    ......17 Keller and Marti propose that ‘dissociating the issue of just satisfaction [ .. ] from the judgment on the merits has [ .. ] ... applicant remains in detention despite a violation of the right to liberty and security. 51 In the follow-up case, the Court examines ‘the new ......
  • Montesquieu and Modern Republicanism
    • Núm. 60-3, Octubre 2012
    • Political Studies
    In this article I explore Montesquieu's discussion of republics and the constitution of England in order to question the extent to which he should be accorded a central place in a tradition of mode...
    ...... of honour and ambition I argue that the liberty that Montesquieu thought exemplified in the ... he associated governing with the execution of those laws. He thus clarified that where ... direct opposition to Leviathan and taken issue with Hobbes’ comparison of the Lucchese and T ......
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Law Firm Commentaries
  • Executing Warrants Under Section 135
    • Mondaq United Kingdom
    ...... Health Act provides for a magistrate to issue a warrant authorising a policeman to enter ... the grounds that the Warrant and/or its execution were invalid. . Court Decision. Although the ... that infringed an individual's right to liberty. Where Warrants are required under Section 135 to ......
  • The Origins Of The Human Rights Act As A Safeguard Against Extradition
    • Mondaq United Kingdom
    ...... or degrading treatment), 5 (right to liberty and security of person) and 6 (entitlement to a ... effect of HRA when it comes to an issue such as the defendant's fair trial rights. There ... judicial authority a right to refuse execution on ECHR grounds. You said that this was not ......
  • UK Court upholds police use of automated facial recognition technology
    • LexBlog United Kingdom
    R (on the application of Edward Bridges) v The Chief Constable of South Wales [2019] EWHC 2341 (Admin) Case Note Introduction In Bridges, an application for judicial review, the UK High Court (Lord...
    ...... balance, explaining that: “The central issue is whether the current legal regime in the United ... Supported by Liberty, an NGO, Mr Bridges brought an application for ... prosecution of criminal offences or the execution of criminal penalties, including the safeguarding ......
  • UK Employment Law Update, Summer 2013
    • Mondaq United Kingdom
    ...Welcome to the latest issue of the Steptoe Employment Law Update. The ... agreement on other matters, namely the execution of a suitably worded agreement. Until that ... application notice was issued under the liberty to apply reserved in that Order. The issue to be ......
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