Contentious Business - Law Dictionary Search Results
Home Dictionary Name: contentious businessContentious business
Contentious business, the business of legal practitioners where there is a contest, as opposed to non-contentious business when there is no such contest; the latter term is most frequently used in connection with obtaining probate or administra-tion, but is also applied to business in the Chancery Division where there are no facts in dispute, and the aid of the Court is only invoked to determine some point of law or construction, or to direct trustees or executors in the discharge of their duty....
Administrative business
Administrative business, the business of managing conducted in private by persons having complete discretion, as distinguished from judicial business, which is conducted in Court under specific rules as to evidence, etc. In the Chancery Division the term is used an meaning that portion of the business of the Court which consists of executing the trusts of deeds and wills and deciding the numerous questions which arise in connection therewith, as distinguished from the 'contentious' business of the Court, which means hostile litigation between parties. Formerly also certain business transacted at Quarter Sessions now transferred to County Councils by s. 3 of the Local Government Act, 1888....
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Barrister, or Barrastor
Barrister, or Barrastor, a counsellor or advocate learned in the law, admitted to plead at the bar, and there to take upon himself the protection and defence of clients. He is termed jurisconsultus and licentiatus in jure. As to the mode and qualification for obtaining the degree of a barrister, see INNS OF COURT; and consult Marchant on Barristers; Warren's Law Studies; Forsyth's Hortenisus; and Chitty on Contracts; also Mew's Digest, tit. 'Barrister.'It shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland. [General Clauses Act, 1897 (10 of 1897), S. 3 (4)]Fees.--A barrister can maintain no action for his fees, which are given not as a salary or hire, but as a mere honorarium or gratuity, and even an express promise by a client to pay money to counsel for his advocacy is not binding, see Re Le Brasseur & Oakley, (1896) 2 Ch 487; Kennedy v. Broun, (1863) 13 CBN S 677, where the whole law on the subject of counsel's fees is elaborately discus...
Client
Client [fr. cliens, Lat., said to contain the same element as they verb clueo, to hear of obey, and accordingly compared by Niebuhr with the German word hoeriger, a dependent], a person who seeks advice of a lawyer or commits his cause to the management of one, either in prosecuting a claim or defending a suit in a Court of justice; and for meaning, the word (except in relation to non-contentious business) includes any person who as principal or on behalf of another person retains or employs, or is about to retain or employ, a solicitor, and any person who is or may be liable to pay a solicitor's costs (English) (Solicitors Act, 1932 (22 & 23 Geo. 5, c. 37), s. 81). The relation between solicitor and client is a highly confidential one, and the power which his situation gives the former over the latter makes it impossible to be perfectly assured, in certain cases, whether in their transactions the client is a free agent, or under influence and imposition. A Court of Equity, therefore, ...
Conditional fee agreements
Conditional fee agreements, are nowadays perhaps the most important species of champerty. Such agreements are still unlawful, R (Factorthame Ltd) v. Transport Secretary (No 8) (CA), (2003) LR 381 QB.Means an agreement in writing between a person providing advocacy or litigation services and his client which -- (a) does not relate to proceedings of a kind mentioned in sub-s. (10); (b) provides for that person's fees and expenses, or any part of then, to be payable only in specified circumstances; (c) complies with such requirements (if any) as may be prescribed by Lord Chancellor; and (d) is not a contentious business agreement, R (Factortame Ltd) v. Transport Secretary (No 8) (CA), (2002) 3 WLR 1104 (Courts and Legal Services Act, 1990, s. 58.)...
Contentious jurisdiction
Contentious jurisdiction, jurisdiction to hear and determine any matter in dispute between party and party in an action or other judicial proceeding....
Business
Business, 'business' is a word of wide import. It has no definite meaning. Its perceptions differ from private to public sector or from institutional financing to commercial banking, Mahesh Chandra v. Regional Manager Uttar Pradesh Financial Corpn., AIR 1993 SC 935 (939): (1993) 2 SCC 279. [State Financial Corporation Act, (63 of 1951), s. 24]--Business would undoubtedly be property, unless there is something to the contrary in the enactment, J.K. Trust Bombay v. CIT, (1958) SCR 65: 1957 SCJ 845: AIR 1957 SC 846.Business includes the activities carried on by any public body, Halsbury's Laws of England, Vol. 20, 4th Edn., Para 546, p. 357. The term 'business' includes every trade, occupation and profession. The word 'business' has no technical meaning, but is to be read with reference to the subject and intent of the Act in which it occurs. The term 'business' means an affair requiring attention and labour as the chief concern; mercantile pursuits, that one does for livelihood, occupati...
Controlled business
Controlled business, the definition of 'controlled business' contemplates two kinds of insurers--(i) insurers who carry on life business only, and (ii) insurers who carry on composite business, that is to say certain other business which does not ex facie come within controlled business, Under sub-clause (a) of s. 2(3)(i) controlled business covers the entire life business of an insurer if he carries on no other class of insurance business and under sub-clause (b) all the business appertaining to his life insurance business is included if he is a composite insurer. The controlled business in either case is intended to embrace all the business concerning life insurance. In the first case it means the whole of the business of the insurer and in the second case the part which comes within the life businessbut not other, National Insurance Co. Ltd. v. Life Insurance Corporation of India, AIR 1963 SC 1911 (1913): (1964) 2 SCR 182. [Life Insurance Corpora-tion Act, (31 of 1950), s. 2(3)(i) E...
Business of the House
Business of the House, in the House of Commons, it is not rigidly fixed. The Office of the Speaker in the Parliaments of Commonwealth -- Philip Laundy, p. 64.Business of the House, in the Indian Parliament, the business of the House is divided into (1) Government business, (2) Private Member's business; Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 407.Business of the House, means the relative order of all the items of business in the House of a legislature to be taken upon a particular day. The office of the Speaker in the Parliaments of Commonwealth, Philip Laundy, p. 64.Business of the House, consists of Government business, Private member's business and the business transacted in opposition time, Parliamentary Practice Erskine May, 22nd Edn., 1997, pp. 270 and 271....
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