natural person legal definition

3813 results for natural person legal definition

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  • Larkfleet Ltd v Allison Homes Eastern Ltd, Court of Appeal - Technology and Construction Court, February 05, 2016, [2016] EWHC 195 (TCC)

    1. This is a judgment of certain preliminary issues concerning limitation, and whether the claims brought by the claimant are time-barred. The action brought by the claimant, Larkfleet Ltd, which is a property development company, concerns residential properties and damage suffered to their foundations. The claimant contracted with Swallow Homes Lt...

    ... described its own investigations into the legal mechanism by which the defendant itself had ... that the above evidence, being given by a person who was, unusually, a director of both ... to be assessed in the light of (i) the natural and ordinary meaning of the clause, (ii) any ... ``Your Policy from NHBC'' and the definition of ``you'' and ``your'' for these purposes means ...

  • Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors, Court of Appeal - Commercial Court, November 08, 2013, [2013] EWHC 3457 (Comm)

    1. Proceedings have been brought in Jersey against the Second Claimant (PEV), who was for many years a trustee of trusts and settlements established by the late Mr Jack Walker (the industrialist and chairman of Blackburn Rovers PLC) and in particular of the JW 1987 Settlement. 2. PEV, a solicitor since 1971 and, since his move to Jersey in 1984, a...

    ... Limited (a company supplied by NH&P), as personal and corporate trustee respectively. It is normal ... civil liability, namely (clause 3.3) a ``legally enforceable obligation to a third party arising ... a wrongful act'', by reference to the definition of wrongful act in clause 3.30 (below). . 12. ... 3.1 of the policy, is defined as ``any natural person employed by an insured company to whom the ...

  • The Freedom And Justice Party & Ors, R (On the Application Of) v Secretary of State for Foreign and Commonwealth Affairs & Anor, Court of Appeal - Administrative Court, August 05, 2016, [2016] EWHC 2010 (Admin)

    2. The substantive issue raised by the Claimants in this application for judicial review is whether members of special missions visiting the United Kingdom with the approval of the First Defendant (``the FCO'') enjoy personal inviolability and/or immunity from criminal process pursuant to a rule of customary international law to which effect is giv...

    ... and Jessica Wells (instructed by Government Legal Department) for the First Defendant. Paul Rogers ... the First Defendant (``the FCO'') enjoy personal inviolability and/or immunity from criminal ..., decision makers within the CPS would naturally treat ``the FCO view'' as both authoritative and ... nation and nation, without further definition of his position, I am inclined to think that such ...

  • Maple Leaf Macro Volatility Master Fund & Anor v Rouvroy & Anor, Court of Appeal - Commercial Court, February 19, 2009, [2009] EWHC 257 (Comm)

    1. In July 2007 there were exchanges between the claimants and the defendants in which the claimants contend and the defendants deny a contract was concluded between them. The first claimant (“Maple Leaf”) also alleges that the defendants fraudulently misrepresented their intentions and claims damages in deceit. (The second claimant (“Astin...

    ... by the Belvédère’s management who personally undertake to use their best endeavours to ... the parties with full reimbursement of all legal and professional expense by the Borrower to the ... the defendants that this seems a more natural interpretation of the email trail. However, ... a term shall not relate – (a) to the definition of the main subject matter of the contract, or ...

  • JSC BTA Bank v Ablyazov & Ors, Court of Appeal - Commercial Court, August 08, 2014, [2014] EWHC 2788 (Comm)

    1. The main application before the Court is that of the Claimant (``the Bank'') seeking disclosure from the First and Second Respondents (``Mr Ablyazov'' and ``Mr Shalabayev'') of documents relating to their assets which would attract legal professional privilege unless falling within the iniquity exception to such privilege, and which are currentl...

    ... to their assets which would attract legal professional privilege unless falling within the ... Shortly thereafter Mr Shalabayev was personally served with it in Cyprus. He immediately went ... The focus of the argument was therefore naturally on the position of Mr Ablyazov and his assets. ... privilege and it is not a statutory definition, although it was described by Lord Diplock in In ...

  • Cruddas v Calvert & Ors, Court of Appeal - Queen's Bench Division, July 31, 2013, [2013] EWHC 2298 (QB)

    1. This is the judgment on the second stage of the trial of a claim for libel and malicious falsehood. The first stage of the trial was a preliminary issue, to determine what the words complained of actually meant. This issue was determined by myself at first instance: Cruddas v Calvert [2013] EWHC 1427 (QB) (5 June 2013) (``the 5 June judgment''),

    ... Court of Appeal has ruled that in their natural and ordinary meanings the Articles meant what Mr ... the PPERA) is a meaning which reasonable persons could read into the Articles. Both courts ...In any event, the legal risk for journalists is not likely to be that ...205. On this definition a claimant is required to prove that the ...

  • Trump International Golf Club Scotland Limited and another (Appellants) v The Scottish Ministers (Respondents)

    ...) (Instructed by Scottish Government Legal Directorate, Litigation . Division) LORD HODGE: ... as only a licence holder or an exempt person may apply and be granted a construction consent ... regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological ... or operated, but it cannot alter the definition of the development itself. . Page 16 . ...

  • SM (Algeria) v Entry Clearance Officer, UK Visa Section, Court of Appeal - Civil Division, November 04, 2015, [2015] EWCA Civ 1109

    1. This is the appeal of the Entry Clearance Officer, with permission granted by Richards LJ on 8 December 2014, against the decision of the Upper Tribunal (the UT: UTJ Allen and DUTJ Bruce) promulgated on 14 May 2014. The UT allowed the respondent's appeal against the determination of the First-tier Tribunal (the FTT) on 7 October 2013. The FTT

    ...Mr B Lask (instructed by Government Legal Department) for the Respondent. Hearing dates : ... claim to be a family member is a qualified person.''. Accordingly the ECO concluded that the ... the purposes of this Directive, the definition of `family member' should also include the ... meaning of ``direct descendant'' is a natural descendant in the direct line: child, grandchild, ...

  • Bank St Petersburg & Anor v Arkhangelsky & Ors, Court of Appeal - Chancery Division, March 05, 2014, [2014] EWHC 574 (Ch)

    1. At hearings over the course of 17 January and 6/7 February 2014 I have had to consider a number of issues raised by the parties in this convoluted dispute, the background and substance of which I have summarised in my previous judgments (see, for example, judgments on 14 and 22 November 2013). The matters for my determination now are: (1) whethe...

    ...) and remitted part of the proceeds to pay legal expenses, and (b) caused or permitted monies to ... committal, which potentially concerns a person's liberty, the procedural requirements laid down ... living and legal expenses to outweigh the natural concern of the court not by its own orders to ... the optional but not unusual extended definition of assets; paragraph 7 provides that the ...

  • Greenclose Ltd v National Westminster Bank Plc, Court of Appeal - Chancery Division, April 14, 2014, [2014] EWHC 1156 (Ch)

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    ... to lend £1.5 million to Mr Leach personally, to be used to inject funds into Greenclose. It ... was sent, Virginia Lynn of the Bank’s legal department had already sent a draft version of ... Agreement, expressly incorporated the definitions and provisions contained in the 2000 ISDA ... “may” is used in Section 12(a), and the natural meaning to be given to the phrase “may be given ...

  • Ardila Investments NV v ENRC NV & Anor, Court of Appeal - Commercial Court, June 11, 2015, [2015] EWHC 1667 (Comm)

    2. In broad summary the claims and cross claims relate to payment obligations arising out of the sale to the Defendant (`ENRC') of a 50% interest in Bahia Minerals BV (a Dutch company) held by the Claimant (`Ardila'). Bahia Minerals BV owns and controls a Brazilian company, Bamin Mineracao SA (`Bamin'), which owns rights to develop and operate an i...

    ...ENRC does not accept the legal effect of this port installation licence. .... The interpretation clauses provided definitions of `Aggregate Limit', being £12,500,000 or such ... and either alone or jointly with any other person:. .. 5. Claims. To settle, adjust, refer to ...119]). It follows that the natural forum for the litigation must be in England, but ...

  • AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH, Court of Appeal - Commercial Court, April 11, 2014, [2014] EWHC 1085 (Comm)

    1. This is an application by the Defendant (``MMGR'') for a declaration that the court does not have jurisdiction over it in respect of the subject matter of the claim and for an order setting aside service of the Claim Form. It raises a question of the scope and application of Article 5(3) of the Judgments Regulation (Council Regulation (EC) No.

    ... . (2) Legal and investigatory costs incurred by AMT as a ...``Subject to this Regulation, persons domiciled in a Member State shall, whatever their ...'' is defined in Regulation 3 as ``any natural person who, in contracts covered by these ... The relevant definition in the Judgments Regulation is to be found in ...

  • Starlight Shipping Company v Allianz Marine And Aviation Versicherungs AG & Ors, Court of Appeal - Commercial Court, September 26, 2014, [2014] EWHC 3068 (Comm)

    Mark Howard QC and Tony Singla (instructed by Clyde & Co LLP) for the 1st to 4th and 13th to 20th Defendants in 2006 Folio 815, the Claimants and Intended Claimants in 2011 Folio 894 and the Claimant and 2nd Intended Claimant in 2011 Folio 897 Steven Gee QC and Tom Whitehead (instructed by Norton Rose Fulbright LLP) for the 5th to 7th and 21st to 2...

    .... 13. To the extent that persons other than the parties to the policies of ... since the insurers would find themselves legally or morally obliged to indemnify their employees ... that notwithstanding his chosen definition the draftsman just must have meant something else ...Unless the most natural meaning of the words produces a result which is ...

  • The Manchester Ship Canal Company Ltd (Respondent) v United Utilities Water plc (Appellant)

    ... conveying sewage or filthy water into any natural stream or watercourse, or into any canal pond or ... out its functions", together with the definition of those functions in section 94. The problem ...Its factual and legal significance is, however, critical to the outcome ... by discharging it onto the land of another person without their consent requires an unnatural and ...

  • The Manchester Ship Canal Company Ltd and another (Respondents) v United Utilities Water plc (Appellant)

    ... conveying sewage or filthy water into any natural stream or watercourse, or into any canal pond or ... out its functions", together with the definition of those functions in section 94. The problem ...Its factual and legal significance is, however, critical to the outcome ... by discharging it onto the land of another person without their consent requires an unnatural and ...

  • Arch Initiatives v Greater Manchester West Mental Health NHS Foundation Trust & Ors (Transfer of Undertakings: Service Provision Change), Court of Appeal - United Kingdom Employment Appeal Tribunal, January 21, 2016, [2016] UKEAT 0267_15_2101

    1. The service provision change regime is not to be construed as requiring that all the activities carried out by the putative transferor before the relevant date for the client cease and are carried out by a single putative transferee after the change, save where there is a reduction or increase on a qualitative basis when there can be a division

    ... impermissibly narrow approach to the definition of ``activities'' and the question of whether the ...The Applicable Legal Principles. 7. Regulation 2 defines a relevant ... transfer in the United Kingdom to another person where there is a transfer of an economic entity ... In his submission, as a matter of the natural construction of the Regulations, Regulation 3(1) ...

  • Forstater & Anor v Python (Monty) Pictures Ltd & Anor, Court of Appeal - Chancery Division, July 05, 2013, [2013] EWHC 1873 (Ch)

    1. After the success of the three series of ``Monty Python's Flying Circus'' which ran from 1969 until 1972 Graham Chapman, John Cleese, Terry Gilliam, Eric Idle, Terry Jones and Michael Palin (``the Pythons'') decided to write and perform a feature film. This case concerns the events which happened in 1973 and 1974 and form part of the pre-history...

    ... its own remuneration and expenses, the definition of ``divisible receipts'' extends to ``all monies ...d) Is the person or body able to advance that claim entitled to ... my findings of fact before addressing the legal argument. I will deal separately with the ...Nobody argued that the natural construction of those words is that control over ...

  • TH v Chapter of Worcester Cathedral & Anor, Court of Appeal - Administrative Court, May 17, 2016, [2016] EWHC 1117 (Admin)

    1. The claimant is in his late thirties. He is a talented and enthusiastic bell ringer who, with the permission of the first defendant, rang the bells in Worcester Cathedral (``the Cathedral'') as a member of the Guild of Bell Ringers of Worcester Cathedral (``the Guild''). These proceedings arise out of the circumstances in which, on 4 February

    ... ``to offer that the identities of those persons currently under 18 years of age who were closely ... its function without visible means of legal support. But the operative word is `visible', ... authorities which stressed the broad definition given to this concept. They were Niemietz v ... IT WAS REACHED IN BREACH OF THE RULES OF NATURAL JUSTICE?. 9.1 General. 146. Three different ...

  • K & H (Children), Court of Appeal - Civil Division, May 22, 2015, [2015] EWCA Civ 543

    1. The first respondent (``the mother'') is the mother of Y (now aged 17), K (now aged 6) and H (now aged 4). K and H are full siblings. Y (their half sibling) is the mother's child of a previous relationship. In July 2013, Y made an allegation that when she was 15 years of age she was sexually abused by the father of K and H (``the father'').

    ... Donmall (instructed by the Government Legal Department) for the Appellant, the Lord ... is concerned, the father was a litigant in person. He did not apply for legal aid: he appeared not ... He referred to the definition of ``representation'' in section 42(1) of LASPO ... . 43. Secondly, on a plain and natural interpretation of the language of section 31G(6), ...

  • Chancery (UK) LLP, R (on the application of) v The Financial Ombudsman Service Ltd & Anor, Court of Appeal - Administrative Court, February 20, 2015, [2015] EWHC 407 (Admin)

    1. The Claimant, Chancery (UK) LLP, ``Chancery'', is a firm of chartered accountants. It challenges by way of judicial review the decision of the Financial Ombudsman Service Ltd, FOS, dated 23 January 2014 holding that it had jurisdiction to consider a complaint made against Chancery by Sir Ian Robinson, the Interested Party, through Rebus Investm...

    ... with minimum formality by an independent person''. The decision in question related to the ... are a type of security, by statutory definition. It is an investment specified for the purposes ... script reading, review and renegotiation of legal documentation, liaison with sales and ...'' in turn defined by DISP, as ``any natural person acting for purposes outside his trade, ...

  • Bear Scotland Ltd & Ors -v- Fulton & Ors (Working Time Regulations : Holiday pay), Court of Appeal - United Kingdom Employment Appeal Tribunal, November 04, 2014, [2014] UKEAT 0047_13_0411

    The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not obliged to offer as a minimum, is part of normal remuneration and to be included as such in the calculation of pay for holiday leave ta...

    ... total remuneration which related to the personal and professional status of an airline pilot had ... approach taken in Williams and Lock is a natural development of the points adopted in the earlier ... This led her to apply a definition of ``pay'' in the context of ``holiday pay'' ... Second, legal certainty and non-retroactivity restrict its ...

  • Lomas & Ors v Burlington Loan Management Ltd & Ors, Court of Appeal - Chancery Division, July 31, 2015, [2015] EWHC 2270 (Ch)

    1. This judgment concerns the construction and effect of agreements made since the commencement of the administration of Lehman Brothers International (Europe) (LBIE) between LBIE acting by its joint administrators and very significant numbers of its creditors. 2. The agreements are in standard forms. The first, the Claims Resolution Agreement, wa...

    ... Many of them were legally trained. Between February and November 2009, the ... scheme would have involved only those persons who claimed an entitlement to trust assets, the ... the terms of the agreements, there was naturally a difference in emphasis as to the passages ... under clause 4.2, are included in the definition of ``Released Claims''. Although clause 4.4.2 ...

  • Rees & Anor v Gateley Wareing (a firm) & Ors, Court of Appeal - Civil Division, October 22, 2014, [2014] EWCA Civ 1351

    1. This appeal from the judgment of Morgan J, brought with the judge's permission, raises two principal questions. The first is whether the terms on which Gateley Wareing were retained as solicitors by Mr and Mrs Rees amounted to or became an unenforceable contract. The second, on the assumption that an enforceable contract was created and continue...

    ... services (as defined in the Courts and Legal Services Act 1990) on the terms of the retainer ...However, Mr and Mrs Rees had no personal cause of action: the cause of action was ...The relevant part of the definition is that it is an agreement ``with a person ... themselves, but most would more naturally have formed part of a package of forensic ...

  • R (on the application of West London Vocational Training College) (Appellant) v Secretary of State for the Home Department (Respondent)

    ... into and stay in the United Kingdom of persons not having the right of abode shall include ..., and once made they may be the source of legal rights. It followed that no rule falling within ...I would exclude from the definition any procedural requirements which do not have to ..., with all the capacities and powers of a natural person subject only to such particular ...

  • R (on the application of New London College Limited) (Appellant) v Secretary of State for the Home Department (Respondent)

    ... into and stay in the United Kingdom of persons not having the right of abode shall include ..., and once made they may be the source of legal rights. It followed that no rule falling within ...I would exclude from the definition any procedural requirements which do not have to ..., with all the capacities and powers of a natural person subject only to such particular ...