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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The High Court Of Delegates

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ISBN13: 9780521086493
Previous Edition ISBN: 052108024X
Published: December 2008
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 1971)
Price: £34.99
Hardback edition out of print, ISBN13 9780521080248

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This book, a study of the principal appellate court in the English civil law hierarchy, the High Court of Delegates, examines the history, jurisdiction, procedure, personnel and records of the court from the mid-sixteenth century until its abolition in 1832. In an introductory historical survey, the author considers the earlier provisions for civil law appeal, the circumstances surrounding the creation of the Court of Delegates, and its history from the mid-sixteenth century until 1832. After a general discussion of the jurisdiction of the court, Dr Duncan goes on to a detailed discussion of several jurisdictional problems: in particular he deals with the relationship between the Court of Delegates and certain other Judicial bodies, and with the extent of the Court's original jurisdiction. He devotes two chapters to commissions of delegacy and commissions of review, analysing the rules which governed the right of a party to appeal to the Court of Delegates, and also to appeal from a decision of that Court. The central portion of the book is devoted to procedure: the various stages through which an appeal passed are set out in detail, and particular attention is paid to the taking of evidence.

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Legal History
1. The Court of Delegates - an historical survey
2. Jurisdiction
3. Commissions of Delegacy
4. Commissions of Review
5. Procedure - Causes Inter Partes - The Preliminaries
6. Procedure - Causes Inter Partes - Proof by Witnesses
7. Procedure - Causes Inter Partes - Proof by Documents
8. Procedure - Causes Inter Partes - Sentence and Execution
9. Procedure - Causes of Office
10. The Personnel of the court
11. The Locale of the court
12. The Records of the court.