LLOYD v. BRASSEY

Denning, Michael; Russell, L.J.; Salmon, L.J.

doi:10.1108/eb021606

Cited by 2 publications

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“…There is support for such an approach in the cases. 127 This is arguably the most acceptable approach: it avoids the problems of the other two approaches; it is consistent with the authorities and in particular with the frequent references to ''an equity'' arising; and it clearly recognises that until a court order a claimant has only a right to request a remedy, which is a right different in nature to that the court can award. It remains to be determined whether it is classified as an equitable interest or a mere equity.…”

mentioning

confidence: 78%

Floating Rights

Davis

2002

C.L.J.

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There are a number of situations where it is possible to say that a person may, and in some cases almost certainly will, get an interest in property at some time in the future. However, until that time there is some degree of uncertainty: there is usually some risk that no interest will be acquired and there may be uncertainty as to the identity of the property or the nature of the interest. This article deals with the interim period between the act or event that initiates the interest and its final acquisition. It considers the approaches taken by the courts to the question of what rights, if any, come into existence during that interim period and whether there is a distinct entity or interest that can be described as a “floating right”.

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mentioning

confidence: 78%

Floating Rights

Davis

2002

C.L.J.

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“…Only if one of these criteria is fulfilled should the national judge refer the point to the European Court. 77 However, Article 177 (2) does not submit the judicial discretion to any of these conditions; they are to be found neither in the letter nor in the spirit of the Treaty. Besides, it is in no way easy to decide whether a point is " difficult" or " important"; for the national judge who is often not very experienced with questions of European law it may be hardly possible.…”

Section: Two Roads Led From This Starting Point: Sir Douglas Franks Inmentioning

confidence: 98%

The English Judges and European Community Law

Dagtoglou¹

1978

C.L.J.

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The way in which English courts and tribunals construe and apply Community law is of manifold interest, not least to the outside observer. English judges reacted at first with misgiving. Even if they were prepared, as was Lord Denning in Bulmer v. Bollinger, to concede that Community law (unlike English law) is expressed “in sentences of moderate length and commendable style,” they hastened to add that Community law, and Continental law behind it (unlike English law), “lacks precision,” lacks interpretation clauses and is full of gaps and lacunae.

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LLOYD v. BRASSEY

Cited by 2 publications

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Floating Rights

Floating Rights

The English Judges and European Community Law

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