Christopher Floyd
Encyclopedia
Sir Christopher David Floyd (born 20 December 1951), styled The Hon. Mr Justice Floyd, is an English
barrister
and judge
. He has served as a Justice of the High Court
's Chancery Division since 2007.
and Trinity College, Cambridge
, where he took his degree in Natural Sciences and Law. He was called to the Bar from the Inner Temple
in 1975 and became a Bencher
of his inn in 2001. In 1988 he was called to the Bar of the Republic of Ireland
and in 1992 was appointed a Queen's Counsel
. He was an Assistant Recorder from 1994 to 2000 and a Recorder from 2000 to 2007, a Deputy High Court Judge in the Patents Court
from 1998 to 2007, and Deputy Chairman of the Copyright Tribunal, 1995 to 2007. In 2007 he was appointed a Justice of the High Court
's Chancery Division and received a knighthood.
in court to illustrate a point, convincing Floyd to rule in his favour and award him damages of £100,000.
In 2010, Liverpool Football Club's creditors, including the Royal Bank of Scotland
, went to court to allow the club's board to proceed with selling it. Floyd ruled in favour of the creditors, thus paving the way for the sale of the club to New England Sports Ventures
. On 15 October 2010, Liverpool F. C. was sold to NESV for £300 million.
In a case heard in June 2011, Floyd found that some operations of the internet television
broadcaster TVCatchup
may be unlawful, ruling that TVCatchup's defence of relying on section 73 of the Copyright Design and Patents Act 1988 was valid, allowing the service to retransmit "qualifying services", namely all BBC
services, ITV1
, Channel 4
and Channel 5, over the internet
. However, he excluded retransmission of any other channels under these provisions as well as retransmission to 3G mobile devices and referred to the European Court of Justice
for guidance on some aspects of the case.
In July 2011, in a case involving Alexander Montagu, 13th Duke of Manchester
, Floyd found the two children of the Duke's bigamous marriage
to be legitimate
for the purpose of sharing in a family trust fund. Floyd said in his decision that the laws of Australia, California and England all allowed the children of bigamous marriages to be treated as legitimate and concluded: "Alexander and Ashley acquired the status of legitimacy by reason of the law of the domicile of each of their parents. That is the case whether the 13th Duke was domiciled in England, in Australia or in California."
.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
. He has served as a Justice of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
's Chancery Division since 2007.
Career
The son of David and Hana Floyd, Floyd was educated at Westminster SchoolWestminster School
The Royal College of St. Peter in Westminster, almost always known as Westminster School, is one of Britain's leading independent schools, with the highest Oxford and Cambridge acceptance rate of any secondary school or college in Britain...
and Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, where he took his degree in Natural Sciences and Law. He was called to the Bar from the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1975 and became a Bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
of his inn in 2001. In 1988 he was called to the Bar of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and in 1992 was appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. He was an Assistant Recorder from 1994 to 2000 and a Recorder from 2000 to 2007, a Deputy High Court Judge in the Patents Court
Patents Court
The Patents Court is a specialist court within the Chancery Division of the High Court of Justice of England and Wales. It deals with disputes relating to intellectual property.-References:...
from 1998 to 2007, and Deputy Chairman of the Copyright Tribunal, 1995 to 2007. In 2007 he was appointed a Justice of the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
's Chancery Division and received a knighthood.
Other appointments
- 1996–2007: Member, Bar CouncilBar councilA bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
Chairman's Arbitration/Conciliation Panel - 1998–2002: Member, Bar Council Professional Conduct and Complaints Committee
- 2000–2004: Member, Bar Council
- 2003–2004: Bar Council European Committee
- 1999–2004: Chairman, Intellectual Property Bar Association
- 2009– : Chairman, Permanent Exhibition of Legal Costume
Notable cases
A case brought by the musician Bobby Valentino in 2002 attracted media attention after Valentino performed the violinViolin
The violin is a string instrument, usually with four strings tuned in perfect fifths. It is the smallest, highest-pitched member of the violin family of string instruments, which includes the viola and cello....
in court to illustrate a point, convincing Floyd to rule in his favour and award him damages of £100,000.
In 2010, Liverpool Football Club's creditors, including the Royal Bank of Scotland
Royal Bank of Scotland
The Royal Bank of Scotland Group is a British banking and insurance holding company in which the UK Government holds an 84% stake. This stake is held and managed through UK Financial Investments Limited, whose voting rights are limited to 75% in order for the bank to retain its listing on the...
, went to court to allow the club's board to proceed with selling it. Floyd ruled in favour of the creditors, thus paving the way for the sale of the club to New England Sports Ventures
New England Sports Ventures
Fenway Sports Group is an American sports investment company. It is the parent company of Major League Baseball's Boston Red Sox and Premier League football club Liverpool F.C.....
. On 15 October 2010, Liverpool F. C. was sold to NESV for £300 million.
In a case heard in June 2011, Floyd found that some operations of the internet television
Internet television
Internet television is the digital distribution of television content via the Internet...
broadcaster TVCatchup
TVCatchup
TVCatchup is an internet television service for viewing certain UK channels from free-to-air digital terrestrial and satellite broadcasters live without the use of a television receiver. The service re-broadcasts BBC, ITV, Channel 4, Channel Five and free to air Sky channels. Initially the legality...
may be unlawful, ruling that TVCatchup's defence of relying on section 73 of the Copyright Design and Patents Act 1988 was valid, allowing the service to retransmit "qualifying services", namely all BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
services, ITV1
ITV1
ITV1 is a generic brand that is used by twelve franchises of the British ITV Network in the English regions, Wales, southern Scotland , the Isle of Man and the Bailiwicks of Jersey and Guernsey. The ITV1 brand was introduced by Carlton and Granada in 2001, alongside the regional identities of their...
, Channel 4
Channel 4
Channel 4 is a British public-service television broadcaster which began working on 2 November 1982. Although largely commercially self-funded, it is ultimately publicly owned; originally a subsidiary of the Independent Broadcasting Authority , the station is now owned and operated by the Channel...
and Channel 5, over the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
. However, he excluded retransmission of any other channels under these provisions as well as retransmission to 3G mobile devices and referred to the European Court of Justice
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
for guidance on some aspects of the case.
In July 2011, in a case involving Alexander Montagu, 13th Duke of Manchester
Alexander Montagu, 13th Duke of Manchester
Alexander Charles David Drogo Montagu, 13th Duke of Manchester is an Australian-born hereditary peer of the Peerage of Great Britain.-Parents:...
, Floyd found the two children of the Duke's bigamous marriage
Bigamy
In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other...
to be legitimate
Legitimacy (law)
At common law, legitimacy is the status of a child who is born to parents who are legally married to one another; and of a child who is born shortly after the parents' divorce. In canon and in civil law, the offspring of putative marriages have been considered legitimate children...
for the purpose of sharing in a family trust fund. Floyd said in his decision that the laws of Australia, California and England all allowed the children of bigamous marriages to be treated as legitimate and concluded: "Alexander and Ashley acquired the status of legitimacy by reason of the law of the domicile of each of their parents. That is the case whether the 13th Duke was domiciled in England, in Australia or in California."
Private life
In 1974 Floyd married Rosalind Jane Arscott, and they have one son and two daughters. He is a member of the Garrick ClubGarrick Club
The Garrick Club is a gentlemen's club in London.-History:The Garrick Club was founded at a meeting in the Committee Room at Theatre Royal, Drury Lane on Wednesday 17 August 1831...
.