436 relations: A-G v Guardian Newspapers Ltd (No 2), Actuary, Adolph Tuck, Agency in English law, Agip (Africa) Ltd v Jackson, AIB Group (UK) plc v Mark Redler & Co Solicitors, Air Jamaica Ltd v Charlton, Andrew Burrows, Andrew Leggatt, Apartheid, Apostolic poverty, Aristotle, Armitage v Nurse, Arthur Scargill, Ashburn Anstalt v Arnold, Autonomy, Bailment, Bank of Credit and Commerce International, Bank of Credit and Commerce International (Overseas) Ltd v Akindele, Bank of Louisiana, Barber v Guardian Royal Exchange Assurance Group, Barclays Bank Ltd v Quistclose Investments Ltd, Barlow Clowes, Barlow Clowes International Ltd v Eurotrust International Ltd, Barnes v Addy, Baron Ellenborough, Bartlett v Barclays Bank Trust Co Ltd, Beatty v. Guggenheim Exploration Co., Bell v Lever Brothers Ltd, Belmont Finance Corp Ltd v Williams Furniture Ltd (No 2), Beneficiary, Beneficiary (trust), Benjamin N. Cardozo, Bilka-Kaufhaus GmbH v Weber von Hartz, Bills of Exchange Act 1882, Bingo (United Kingdom), Binions v Evans, Bishopsgate Investment Management Ltd v Homan, Bishopsgate Investment Management Ltd v Maxwell (No 2), Blackwell v Blackwell, Blanshard Stamp, Bleak House, Boardman v Phipps, Bona fide purchaser, Bona vacantia, Bond (finance), Boyce v Boyce, Breach of confidence, Brinks Ltd v Abu-Saleh (No 3), British Empire, ..., British Virgin Islands, Brown v Burdett, Calouste Gulbenkian, Cameron–Clegg coalition, Capital gains tax, Caribbean Court of Justice, Caribbean Sea, Cayman Islands, Certainty, Chancery Lane, Change of position, Charitable trust, Charitable trusts in English law, Charitable Uses Act 1601, Charities Act 2006, Charities Act 2011, Charity Commission for England and Wales, Charles Dickens, Charles Mitchell (academic), Charles Pepys, 1st Earl of Cottenham, Charles Ritchie Russell, Baron Russell of Killowen, Chase Manhattan Bank NA v Israel-British Bank (London) Ltd, Civil law (legal system), Co-determination, Coal mining in the United Kingdom, Colin Rimer, Commentaries on the Laws of England, Common law, Commonwealth, Commonwealth Law Reports, Commonwealth of Nations, Companies Act 2006, Companies House, Compound interest, Concurrent estate, Conflict of interest, Consent, Conservative and Unionist Central Office v Burrell, Conservative Party (UK), Consideration in English law, Constructive trust, Corporate bond, County Durham, Court of Appeal in Chancery, Court of Chancery, Court of Common Pleas (England), Court of equity, Cowan v Scargill, Crossley v Faithful & Gould Holdings Ltd, Crusades, Damages, David Hayton, David Neuberger, Baron Neuberger of Abbotsbury, Deed, Defined benefit pension plan, Defined contribution plan, Devaynes v Noble, Devon, Digest (Roman law), Discretionary trust, Dishonesty, Diversification (finance), Donald Nicholls, Baron Nicholls of Birkenhead, Doubloon, Dubai Aluminium Co Ltd v Salaam, Duty of care, Dyer v Dyer, Dylan Thomas, Dyson Heydon, Earl of Eldon, Earl of Oxford's case, Edward Coke, Elizabethan era, Employment contract, English contract law, English land law, English law, English property law, English tort law, English unjust enrichment law, Equality Act 2010, Equity (law), Equity theory, Equity: Doctrines and Remedies, Ernest Pollock, 1st Viscount Hanworth, Escheat, Ex turpi causa non oritur actio, Falmouth, Cornwall, Fawcett Properties Ltd v Buckingham CC, Feoffee, FHR European Ventures LLP v Cedar Capital Partners LLC, Fideicommissum, Fiduciary, Finance Act, Finance Act 2010, Financial Services and Markets Act 2000, Floating charge, Formalities in English law, Foskett v McKeown, Fowkes v Pascoe, Fox hunting, Franciscans, Frederic William Maitland, Fungibility, Furniss v Dawson, Futter v HM Revenue and Customs, Gaius, Gee v Pritchard, George Bernard Shaw, George Jessel (jurist), Gilt-edged securities, Gisda Cyf v Barratt, Gissing v Gissing, Global justice, Gold bar, Good faith, Government bond, Great Peace Shipping Ltd v Tsavliris (International) Ltd, Habeas Corpus Act 1640, Hague Trust Convention, Hanchett-Stamford v A-G, Harries v Church Comrs for England, Harry Woolf, Baron Woolf, Harvard College v. Amory, Hazell v Hammersmith and Fulham LBC, Heneage Finch, 1st Earl of Nottingham, Henry VIII of England, HM Land Registry, Holiday v Sigil, Holman v Johnson, Houldsworth v Bridge Trustees Ltd, House of Lords, Hunter v Moss, Hunting Act 2004, Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd, In personam, Income Tax (Trading and Other Income) Act 2005, Income Tax Act 1952, Income Tax Act 2007, Indian Trusts Act, 1882, Industrial Conciliation Act, 1956, Inequality of bargaining power, Inheritance tax, Inheritance Tax in the United Kingdom, Insolvency Act 1986, Interest rate swap, Investment fund, Investment trust, Iraq Petroleum Company, Islam, Isle of Man, Islington London Borough Council, James Atkin, Baron Atkin, Jarndyce and Jarndyce, Jersey, John Bowes (art collector), John Scott, 1st Earl of Eldon, John Selden, Johnson v Unisys Ltd, Joint wills and mutual wills, Jones v Kernott, Jones v Lock, Judicature Acts, Justice, Keech v Sandford, Kenneth Diplock, Baron Diplock, Kim Lewison, Knight v Knight, Laissez-faire, Land Registration Act 2002, Landmark Cases in Equity, Law, Law commission, Law of Property (Miscellaneous Provisions) Act 1989, Law of Property Act 1925, Law Reports, Leahy v Attorney-General (NSW), Learoyd v Whiteley, Lennie Hoffmann, Baron Hoffmann, Life annuity, Life insurance, Limitation Act 1980, Lipkin Gorman v Karpnale Ltd, List of Chief Rabbis of the United Hebrew Congregations, Lloyds Bank plc v Rosset, Local Government Act 1972, Local Government Act 1985, Lon L. Fuller, Lord Chancellor, Lumley v Gye, Lying in repose, Lynn Ungoed-Thomas, Margaret Thatcher, Mary Arden (judge), Mascall v Mascall, Master of the Rolls, Matrimonial Causes Act 1973, McPhail v Doulton, Member-nominated trustee, Milroy v Lord, Modern portfolio theory, Money had and received, Morice v Bishop of Durham, Morley v Morley, Mortgage loan, Mothew v Bristol & West Building Society, Murad v Al-Saraj, Mutual trust and confidence, Nathaniel Lindley, Baron Lindley, National Insurance, National Provincial Bank Ltd v Ainsworth, National Union of Mineworkers (Great Britain), Negligence, Nestle v National Westminster Bank plc, New World, Nick Browne-Wilkinson, Baron Browne-Wilkinson, Nicomachean Ethics, Nubar Gulbenkian, Office for National Statistics, Offshore financial centre, Offshore trust, Old-Age Pensions Act 1908, Open-ended investment company, Oxford Journal of Legal Studies, Palmer v Simmonds, Pari passu, Paul v Constance, Pennington v Waine, Pension, Pension Law Reform, Pension Protection Fund, Pensions Act 1995, Pensions Act 2004, Pensions in the United Kingdom, Pensions Ombudsman, Perpetuities and Accumulations Act 2009, Peter Birks, Peter King, 1st Baron King, Peter Millett, Baron Millett, Pettitt v Pettitt, Philip Yorke, 1st Earl of Hardwicke, Pillow, Portigon Financial Services, Practice Statement, Presumption of advancement, Privy council, Property, Public Trustee Act 1906, Quantum meruit, Queen's Bench, R v District Auditor No 3 Audit District of West Yorkshire MCC, ex p West Yorkshire MCC, R v Ghosh, Raymond Evershed, 1st Baron Evershed, Re Astor's Settlement Trusts, Re Baden's Deed Trusts (No 2), Re Barlow's Will Trusts, Re Bowes, Re Denley's Trust Deed, Re Diplock, Re Duke of Norfolk's Settlement Trusts, Re Endacott, Re Golay's Will Trusts, Re Goldcorp Exchange Limited (in receivership): Kensington v Liggett, Re Gulbenkian's Settlements Trusts, Re Hallett's Estate, Re Harvard Securities Ltd, Re K (decd), Re Kayford Ltd, Re Lehman Brothers International (Europe), Re Lipinski's Will Trusts, Re London Wine Co (Shippers) Ltd, Re Lucking's Will Trusts, Re Oatway, Re Osoba, Re Recher's Will Trusts, Re Rose, Re Tuck's Settlement Trusts, Re Vandervell Trustees Ltd (No 2), Re West Sussex Constabulary's Widows, Children and Benevolent (1930) Fund Trusts, Reading v Attorney-General, Real estate investment trust, Reasonable person, Recognition of Trusts Act 1987, Registered land in English law, Remoteness in English law, Repington v Roberts-Gawen, Restitution, Resulting trust, Ridiculous, Robert Goff, Baron Goff of Chieveley, Robert Henley, 1st Earl of Northington, Robert Maxwell, Robert Megarry, Robert Stevens (jurist), Robert Wright, Baron Wright, Roderick Meagher, Roger Toulson, Lord Toulson, Roman law, Romford, Roy Goode, Royal Brunei Airlines Sdn Bhd v Tan, Rule against perpetuities, Rupert Cross, Saunders v Vautier, Scally v Southern Health and Social Services Board, Schmidt v Rosewood Trust Ltd, Secret profit, Secret trusts in English law, Securities fraud, Seisin, Sempra Metals Ltd v IRC, Senior Courts Act 1981, Settlor, Share (finance), Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd, Socially responsible investing, South Sea Company, Specific performance, Speight v Gaunt, Stack v Dowden, Star Chamber, Statute of Uses, Strict liability, Subrogation, Supreme court, Supreme Court of Judicature Act 1873, Supreme Court of the United Kingdom, Swindle v Harrison, T Choithram International SA v Pagarani, Tang Man Sit v Capacious Investments Ltd, Target Holdings Ltd v Redferns, Tax avoidance, Tax haven, Taxation in the United Kingdom, Taxation of trusts (United Kingdom), Taylor v Plumer, The Charitable Corp v Sutton, The Observer, The Pensions Regulator, Three certainties, Tinsley v Milligan, Tom Denning, Baron Denning, Tracing (law), Tracing in English law, Tribe v Tribe, Trust law, Trust law in civil law jurisdictions, Trustee, Trustee Act 1925, Trustee Act 2000, Trustee de son tort, Trustee Investments Act 1961, Trusts of Land and Appointment of Trustees Act 1996, Twinsectra Ltd v Yardley, Ultra vires, Uncertainty, Under Milk Wood, Unfair Contract Terms Act 1977, Unit trust, United Kingdom company law, United Kingdom corporation tax, United Kingdom insolvency law, United Kingdom labour law, United States trust law, Unjust enrichment, Use (law), Value (economics), Vandervell v IRC, Variation of Trusts Act 1958, Vaughan v Barlow Clowes International Ltd, Vernon v Bethell, Vesting, Vinerian Professor of English Law, Waldorf Astor, 2nd Viscount Astor, Walsh v Lonsdale, Waqf, Wesley Newcomb Hohfeld, West Yorkshire County Council, Westdeutsche Landesbank Girozentrale v Islington LBC, Will and testament, William Blackstone, William Gummow, William Searle Holdsworth, William the Conqueror, Wills Act 1837, WN Hillas & Co Ltd v Arcos Ltd. 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Attorney General v Guardian Newspapers Ltd (No 2) 1 AC 109 is a UK copyright law and English trusts law case, concerning the confidentiality, profits and copyrights.
An actuary is a business professional who deals with the measurement and management of risk and uncertainty.
Sir Adolph Tuck, 1st Baronet (1854-1926), more commonly known as Adolph Tuck, was a British fine art publisher and chairman of Raphael Tuck & Sons Ltd.
Agency in English law is the component of UK commercial law that deals with the application of agency law in the United Kingdom, and forms a core set of rules necessary for the smooth functioning of business.
is an English trusts law case concerning the common law remedies for receipt of trust property.
AIB Group (UK) plc v Mark Redler & Co Solicitors is an English trust law case, concerning the applicable principles of causation for a breach of trust.
Air Jamaica Ltd v Charlton is an English trusts law case, concerning resulting trusts.
Andrew Burrows QC (Hon) (born 17 April 1957, Who's Who 2015, A & C Black, 2015; online edn, Oxford University Press, 2014) is a Professor of the Law of England and senior research fellow at All Souls College, Oxford.
Sir Andrew Peter Leggatt (born 8 November 1930) was formerly a Lord Justice of Appeal and member of the Privy Council.
Apartheid started in 1948 in theUnion of South Africa |year_start.
Apostolic poverty is a Christian doctrine professed in the thirteenth century by the newly formed religious orders, known as the mendicant orders, in direct response to calls for reform in the Roman Catholic Church.
Aristotle (Ἀριστοτέλης Aristotélēs,; 384–322 BC) was an ancient Greek philosopher and scientist born in the city of Stagira, Chalkidiki, in the north of Classical Greece.
Armitage v Nurse is the leading decision in English trusts law concerning the validity of exemption clauses.
Arthur Scargill (born 11 January 1938) is a British trade unionist.
is an English land law case decided by the Court of Appeal.
In development or moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, un-coerced decision.
Bailment describes a legal relationship in common law where physical possession of personal property, or a chattel, is transferred from one person (the "bailor") to another person (the "bailee") who subsequently has possession of the property.
The Bank of Credit and Commerce International (BCCI) was an international bank founded in 1972 by Agha Hasan Abedi, a Pakistani financier.
is an English trusts law case, concerning breach of trust and knowing receipt of trust property.
Bank of Louisiana building is located at 334 Royal Street in the French Quarter of New Orleans, Louisiana.
Barber v Guardian Royal Exchange Assurance Group (1990) is an EU labour law and UK labour law case concerning sex discrimination in pensions.
(sub nom Quistclose Investments Ltd v Rolls Razor Ltd) is a leading property, unjust enrichment and trusts case, which invented a new species of proprietary interest in English law.
Barlow Clowes International Ltd was a British company, whose fraud and collapse caused an accounting scandal in 1988.
Barlow Clowes International Ltd v Eurotrust International Ltd is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
Barnes v Addy (1874) LR 9 Ch App was a decision of the Court of Appeal in Chancery.
Baron Ellenborough, of Ellenborough in the County of Cumberland, is a title in the Peerage of the United Kingdom.
Bartlett v Barclays Bank Trust Co Ltd (No. 2) 1 Ch 515 in an English trusts law case.
Beatty v. Guggenheim Exploration Co. (1919) 225 NY 380 is a US trusts law case, concerning the test for the imposition of a constructive trust.
Bell v Lever Brothers Ltd is an English contract law case decided by the House of Lords.
Belmont Finance Corp Ltd v Williams Furniture Ltd (No 2) 1 All ER 393 is an English trusts law case, concerning breach of trust and dishonest assistance.
A beneficiary (also, in trust law, cestui que use) in the broadest sense is a natural person or other legal entity who receives money or other benefits from a benefactor.
In trust law, a beneficiary or cestui que use, a.k.a. cestui que trust, is the person or persons who are entitled to the benefit of any trust arrangement.
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States.
Bilka-Kaufhaus GmbH v Weber von Hartz (1986) is an EU labour law case, that sets out the test for objective justification for indirect discrimination.
The Bills of Exchange Act 1882 is a United Kingdom Act of Parliament concerning bills of exchange.
Bingo is a game of probability in which players mark off numbers on cards as the numbers are drawn randomly by a caller, the winner being the first person to mark off all their numbers.
is an English land law and English trusts law case, concerning a constructive trust of land (a home) which will often be irrevocable whilst the occupier is in occupation as opposed to a licence to occupy — and/or a tenancy at will which is similar save that without transfer of the underlying property it can be revoked without cause.
Bishopsgate Investment Management Ltd v Homan is an English trusts law case about whether a beneficiary whose fiduciary breaches trust, may trace assets through an overdrawn account to its destination.
Bishopsgate Investment Management Ltd v Maxwell (No 2) BCLC 814 is a UK company law case concerning a director's duty to act for proper purposes of the company.
Blackwell v Blackwell is an English trusts law case, concerning the doctrine of secret trusts.
Sir Edward Blanshard Stamp QC (21 March 1905 – 20 June 1984), also styled The Rt.
Bleak House is a novel by English author Charles Dickens, first published as a serial between March 1852 and September 1853.
Boardman v Phipps is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest.
A bona fide purchaser (BFP)referred to more completely as a bona fide purchaser for value without notice is a term used predominantly in common law jurisdictions in the law of real property and personal property to refer to an innocent party who purchases property without notice of any other party's claim to the title of that property.
Bona vacantia (Latin for "ownerless goods") is a legal concept associated with property that has no owner.
In finance, a bond is an instrument of indebtedness of the bond issuer to the holders.
Boyce v Boyce (1849) 60 ER 959 is an English trusts law case, concerning the certainty of subject matter.
The tort of breach of confidence is, in United States law, a common law tort that protects private information that is conveyed in confidence.
Brinks Ltd v Abu-Saleh (No 3) CLC 133 is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom and its predecessor states.
The British Virgin Islands (BVI), officially simply "Virgin Islands", are a British Overseas Territory in the Caribbean, to the east of Puerto Rico.
Brown v Burdett (1882) 21 Ch D 667 is an English trusts law case, concerning the ability to create a trust for a purpose that does not benefit any actual person.
Calouste Gulbenkian (Western Գալուստ Կիւլպէնկեան; 23 March 1869 – 20 July 1955) was a businessman and philanthropist of British nationality and Armenian origin.
David Cameron and Nick Clegg formed the Cameron–Clegg coalition after the former was invited by Queen Elizabeth II to begin a new government, following the resignation of Prime Minister Gordon Brown on 11 May 2010.
A capital gains tax (CGT) is a tax on capital gains, the profit realized on the sale of a non-inventory asset that was greater than the amount realized on the sale.
The Caribbean Court of Justice (CCJ; Caribisch Hof van Justitie; Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM).
The Caribbean Sea (Mar Caribe; Mer des Caraïbes; Caraïbische Zee) is a sea of the Atlantic Ocean in the tropics of the Western Hemisphere.
The Cayman Islands is an autonomous British Overseas Territory in the western Caribbean Sea.
Certainty is perfect knowledge that has total security from error, or the mental state of being without doubt.
Chancery Lane is a one-way street situated in the ward of Farringdon Without in the City of London.
Change of position is a defence to a claim in unjust enrichment which operates to reduce a defendant's liability to the extent to which his or her circumstances have changed as a consequence of an enrichment.
A charitable trust is an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization".
Charitable trusts in English law are a form of express trust dedicated to charitable goals.
The Charitable Uses Act of 1601 (known as the Statute of Elizabeth) is an Act (43 Eliz I, c.4) of the Parliament of England.
The Charities Act 2006 (c 50) is an Act of the Parliament of the United Kingdom intended to alter the regulatory framework in which charities operate, partly by amending the Charities Act 1993.
The Charities Act 2011 is a UK Act of Parliament.
The Charity Commission for England and Wales is the non-ministerial government department that regulates registered charities in England and Wales and maintains the Central Register of Charities.
Charles John Huffam Dickens (7 February 1812 – 9 June 1870) was an English writer and social critic.
Charles Mitchell, FBA is a British legal scholar.
Charles Christopher Pepys, 1st Earl of Cottenham PC QC (29 April 178129 April 1851) was an English lawyer, judge and politician.
Charles Ritchie Russell, Baron Russell of Killowen, PC (12 January 1908 – 23 June 1986) was a British judge and law lord.
Chase Manhattan Bank NA v Israel-British Bank (London) Ltd Ch 105 is an English trusts law case, concerning constructive trusts.
Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.
Codetermination (also "copartnership" or "worker participation") is the practice of workers of an enterprise having the right to vote for representatives on the board of directors in a company.
Coal mining in the United Kingdom dates back to Roman times and occurred in many different parts of the country.
Sir Colin Percy Farquharson Rimer (born 30 January 1944) was, until 2014, a judge of the English Court of Appeal.
The Commentaries on the Laws of England are an influential 18th-century treatise on the common law of England by Sir William Blackstone, originally published by the Clarendon Press at Oxford, 1765–1769.
Common law (also known as judicial precedent or judge-made law, or case law) is that body of law derived from judicial decisions of courts and similar tribunals.
A commonwealth is a traditional English term for a political community founded for the common good.
The Commonwealth Law Reports (CLR) are the authorised reports of decisions of the High Court of Australia.
The Commonwealth of Nations, often known as simply the Commonwealth, is an intergovernmental organisation of 53 member states that are mostly former territories of the British Empire.
The Companies Act 2006 (c 46) is an Act of the Parliament of the United Kingdom which forms the primary source of UK company law.
Companies House is the United Kingdom's registrar of companies and is an executive agency and trading fund of Her Majesty's Government.
Compound interest is the addition of interest to the principal sum of a loan or deposit, or in other words, interest on interest.
A concurrent estate or co-tenancy is a concept in property law which describes the various ways in which property is owned by more than one person at a time.
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another.
In common speech, consent occurs when one person voluntarily agrees to the proposal or desires of another.
Conservative and Unionist Central Office v Burrell is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations.
The Conservative Party, officially the Conservative and Unionist Party, is a centre-right political party in the United Kingdom.
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed).
A constructive trust is an equitable remedy resembling a trust (implied trust) imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
A corporate bond is a bond issued by a corporation in order to raise financing for a variety of reasons such as to ongoing operations, M&A, or to expand business.
County Durham (locally) is a county in North East England.
The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Chancery Court.
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid the slow pace of change and possible harshness (or "inequity") of the common law.
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king.
A court of equity, equity court or chancery court is a court that is authorized to apply principles of equity, as opposed to 'law', to cases brought before it.
Cowan v Scargill Ch 270 is an English trusts law case, concerning the scope of discretion of trustees to make investments for the benefit of their members.
Crossley v Faithful & Gould Holdings Ltd is an English contract law case, concerning implied terms.
The Crusades were a series of religious wars sanctioned by the Latin Church in the medieval period.
In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury.
David J. Hayton is a UK born judge on the Caribbean Court of Justice.
David Edmond Neuberger, Baron Neuberger of Abbotsbury, (born 10 January 1948) is an English judge.
A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed.
A defined benefit pension plan is a type of pension plan in which an employer/sponsor promises a specified pension payment, lump-sum (or combination thereof) on retirement that is predetermined by a formula based on the employee's earnings history, tenure of service and age, rather than depending directly on individual investment returns.
A defined contribution (DC) plan is a type of retirement plan in which the employer, employee or both make contributions on a regular basis.
Devaynes v Noble (1816) 35 ER 781, best known for the claim contained in Clayton's case, created a rule, or rather common law presumption, in relation to the distribution of monies from a bank account.
Devon, also known as Devonshire, which was formerly its common and official name, is a county of England, reaching from the Bristol Channel in the north to the English Channel in the south.
The Digest, also known as the Pandects (Digesta seu Pandectae, adapted from πανδέκτης pandéktēs, "all-containing"), is a name given to a compendium or digest of juristic writings on Roman law compiled by order of the Eastern Roman emperor Justinian I in the 6th century CE (530–533).
A discretionary trust, in the trust law of England, Australia, Canada and other common law jurisdictions, is a trust where the beneficiaries and/or their entitlements to the trust fund are not fixed, but are determined by the criteria set out in the trust instrument by the settlor.
Dishonesty is to act without honesty.
In finance, diversification is the process of allocating capital in a way that reduces the exposure to any one particular asset or risk.
Donald James Nicholls, Baron Nicholls of Birkenhead, PC (born 25 January 1933), is a British lawyer and retired Law Lord (Lord of Appeal in Ordinary).
The doubloon (from Spanish doblón, meaning "double") was a two-escudo or 32-real gold coin; weighing 6.867 grams (0.218 troy ounces) in 1537, and 6.766 grams from 1728, of.92 fine gold (22-carat gold).
Dubai Aluminium Co Ltd v Salaam is an English vicarious liability case, concerning also breach of trust and dishonest assistance.
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
Dyer v Dyer, (1788) 2 Cox Eq Cas 92 is an English trusts law case which held that where property is purchased by one person in the name of another there is the presumption of a resulting trust.
Dylan Marlais Thomas (27 October 1914 – 9 November 1953) was a Welsh poet and writer whose works include the poems "Do not go gentle into that good night" and "And death shall have no dominion"; the 'play for voices' Under Milk Wood; and stories and radio broadcasts such as A Child's Christmas in Wales and Portrait of the Artist as a Young Dog.
John Dyson Heydon (born 1 March 1943) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy, who served from 2003 to 2013.
Earl of Eldon, in the County Palatine of Durham, is a title in the Peerage of the United Kingdom.
Earl of Oxford’s case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.
Sir Edward Coke ("cook", formerly; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician who is considered to be the greatest jurist of the Elizabethan and Jacobean eras.
The Elizabethan era is the epoch in the Tudor period of the history of England during the reign of Queen Elizabeth I (1558–1603).
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain.
English contract law is a body of law regulating contracts in England and Wales.
English land law is the law of real property in England and Wales.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales.
English tort law is the law governing implicit civil responsibilities that people have to one another, as opposed to those responsibilities laid out in contracts.
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts.
The Equality Act 2010 is an Act of Parliament of the United Kingdom, and has the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements.
In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.
Equity theory focuses on determining whether the distribution of resources is fair to both relational partners.
Meagher, Gummow & Lehane's Equity: Doctrines and Remedies is a scholarly legal text originally composed by three Australian judges, Roderick Meagher, William Gummow and John Lehane.
Ernest Murray Pollock, 1st Viscount Hanworth, KBE, PC, KC (25 November 1861 – 22 October 1936) was a British Conservative politician, lawyer and judge.
Escheat is a common law doctrine that transfers the real property of a person who died without heirs to the Crown or state.
Ex turpi causa non oritur actio (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal remedy if it arises in connection with his own illegal act.
Falmouth (Aberfala) is a town, civil parish and port on the River Fal on the south coast of Cornwall, England, United Kingdom.
Fawcett Properties Ltd v Buckingham County Council has become a leading case in planning law and concerned agricultural conditions of use.
Under the feudal system in England, a feoffee is a trustee who holds a fief (or "fee"), that is to say an estate in land, for the use of a beneficial owner.
is a landmark decision of the United Kingdom Supreme Court which holds that a bribe or secret commission accepted by an agent is held on trust for his principal.
The fideicommissum was one of the most popular legal institutions in ancient Roman Law for several centuries.
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons).
Finance Act refers to the headline fiscal (budgetary) legislation enacted by the UK Parliament, containing multiple provisions as to taxes, duties, exemptions and reliefs at least once per year, and in particular setting out the principal tax rates for each fiscal year.
The Finance Act 2010 is an Act of the Parliament of the United Kingdom enacting the March 2010 United Kingdom Budget.
The Financial Services and Markets Act 2000 is an Act of the Parliament of the United Kingdom that created the Financial Services Authority (FSA) as a regulator for insurance, investment business and banking, and the Financial Ombudsman Service to resolve disputes as a free alternative to the courts.
A floating charge is a security interest over a fund of changing assets (e.g. stocks) of a company or other artificial person.
Formalities in English law are required in some kinds of transaction by English contract law and trusts law.
Foskett v McKeown is a leading case on the English law of trusts, concerning tracing and the availability of proprietary relief following a breach of trust.
Fowkes v Pascoe (1875) LR 10 Ch App 343 is an English trusts law case, concerning the circumstances when a resulting trust arises.
Fox hunting is an activity involving the tracking, chase and, if caught, the killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds, and a group of unarmed followers led by a "master of foxhounds" ("master of hounds"), who follow the hounds on foot or on horseback.
The Franciscans are a group of related mendicant religious orders within the Catholic Church, founded in 1209 by Saint Francis of Assisi.
Frederic William Maitland, FBA (28 May 1850 – 19 December 1906) was an English historian and lawyer who is generally regarded as the modern father of English legal history.
In economics, fungibility is the property of a good or a commodity whose individual units are essentially interchangeable.
Furniss v. Dawson is an important House of Lords case in the field of UK tax.
Futter v HM Revenue and Customs is an English trusts law case, concerning the fiduciary duty to take into account relevant factors, and disregard irrelevant factors.
Gaius, sometimes spelled Gajus, Cajus, Caius, was a common Latin praenomen; see Gaius (praenomen).
Ann Paxton Gee v William Pritchard and William Anderson is a landmark judgment of the UK Chancery court.
George Bernard Shaw (26 July 1856 – 2 November 1950), known at his insistence simply as Bernard Shaw, was an Irish playwright, critic, polemicist, and political activist.
Sir George Jessel, (13 February 1824 – 21 March 1883) was a British judge.
Gilt-edged securities are bonds issued by the UK Government.
Gisda Cyf v Barratt is a UK labour law case, concerning unfair dismissal governed by the Employment Rights Act 1996.
Gissing v Gissing is an English land law and trust law case dealing with constructive trusts arising in relationships between married couple.
Global justice is an issue in political philosophy arising from the concern about unfairness.
A gold bar, also called gold bullion or a gold ingot, is a quantity of refined metallic gold of any shape that is made by a bar producer meeting standard conditions of manufacture, labeling, and record keeping.
Good faith (bona fides), in human interactions, is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction.
A government bond or sovereign bond is a bond issued by a national government, generally with a promise to pay periodic interest payments and to repay the face value on the maturity date.
Great Peace Shipping Ltd v Tsavliris (International) Ltd is a case on English contract law and on maritime salvage.
The Habeas Corpus Act 1640 (16 Car 1 c 10) was an Act of the Parliament of England.
The Hague Convention on the Law Applicable to Trusts and on their Recognition, or Hague Trust Convention is a multilateral treaty developed by the Hague Conference on Private International Law on the Law Applicable to Trusts.
is an English trusts law case, concerning the destination of property that is held by unincorporated associations when they wind up.
Harries v The Church Commissioners for England 1 WLR 1241 is an English trusts law case, concerning the possibility to invest ethically.
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer, and retired barrister and judge.
Harvard College v Amory (1830) 26 Mass (9 Pick) 446 is a US trusts law case, which repeated the famous formulation of the "prudent person rule", that people in charge of other people's money must exercise due care and skill, and look after the money as if it were their own.
Hazell v Hammersmith and Fulham LBC 2 AC 1 is an English administrative law case, which declared that local authorities had no power to engage in interest rate swap agreements because they were beyond the Council's borrowing powers, and that all the contracts were void.
Heneage Finch, 1st Earl of Nottingham, PC (23 December 1621 – 18 December 1682), Lord Chancellor of England, was descended from the old family of Finch, many of whose members had attained high legal eminence, and was the eldest son of Sir Heneage Finch, Recorder of London, by his first wife Frances Bell, daughter of Sir Edmond Bell of Beaupre Hall, Norfolk.
Henry VIII (28 June 1491 – 28 January 1547) was King of England from 1509 until his death.
Her Majesty's Land Registry is a non-ministerial department of the Government of the United Kingdom, created in 1862 to register the ownership of land and property in England and Wales.
Holiday v Sigil (1826) 2 C&P 176 is a case at common law concerning the recovery of a banknote.
Holman v Johnson (1775) 1 Cowp 341 is an English contract law case, concerning the principles behind illegal transactions.
Houldsworth v Bridge Trustees Ltd UKSC 42 is a UK pensions and UK labour law case concerning the difference between a final salary and a money purchase pension scheme.
The House of Lords of the United Kingdom, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom.
Hunter v Moss 1 WLR 452 is an English trusts law case from the Court of Appeal concerning the certainty of subject matter necessary to form a trust.
The Hunting Act 2004 (c 37) is an Act of the Parliament of the United Kingdom which bans the hunting of wild mammals (notably foxes, deer, hares and mink) with dogs in England and Wales; the Act does not cover the use of dogs in the process of flushing out an unidentified wild mammal, nor does it affect drag hunting, where hounds are trained to follow an artificial scent.
Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd 1 WLR 589 is an English trust law case, especially relevant for UK labour law and UK company law, concerning pension funds and the implementation of a poison pill.
In personam is a Latin phrase meaning "directed toward a particular person".
The Income Tax (Trading and Other Income) Act 2005 (c 5) is an Act of the Parliament of the United Kingdom.
The Income Tax Act 1952 was a United Kingdom Act of Parliament concerning income tax.
The Income Tax Act 2007 is an Act of the Parliament of the United Kingdom.
Indian Trusts Act, 1882 is an Act in India related to private trusts and trustees.
The Industrial Conciliation Act, 1956 (Act No. 28 of 1956; subsequently renamed the Labour Relations Act, 1956), formed part of the apartheid system of racial segregation in South Africa.
In law, economics and the social sciences, inequality of bargaining power is where one party to a "bargain", contract or agreement, has more and better alternatives than the other party.
A tax paid by a person who inherits money or property or a levy on the estate (money and property) of a person who has died.
In the United Kingdom, Inheritance Tax is a transfer tax.
The Insolvency Act 1986 is an Act of the Parliament of the United Kingdom that provides the legal platform for all matters relating to personal and corporate insolvency in the UK.
In finance, an interest rate swap (IRS) is an interest rate derivative (IRD).
An investment fund is a way of investing money alongside other investors in order to benefit from the inherent advantages of working as part of a group.
An investment trust is a form of collective investment found mostly in the United Kingdom.
The Iraq Petroleum Company (IPC), known prior to 1929 as the Turkish Petroleum Company (TPC), is an oil company which, between 1925 and 1961, had a virtual monopoly on all oil exploration and production in Iraq.
IslamThere are ten pronunciations of Islam in English, differing in whether the first or second syllable has the stress, whether the s is or, and whether the a is pronounced, or (when the stress is on the first syllable) (Merriam Webster).
The Isle of Man (Ellan Vannin), also known simply as Mann (Mannin), is a self-governing British Crown dependency in the Irish Sea between the islands of Great Britain and Ireland.
Islington London Borough Council is the local authority for the London Borough of Islington in Greater London, England.
James Richard Atkin, Baron Atkin, PC, FBA (28 November 1867 – 25 June 1944), known as Dick Atkin, was a lawyer and judge of Irish, Welsh and Australian origin, who practised in England and Wales.
Jarndyce and Jarndyce (or Jarndyce v Jarndyce) is a fictional court case in Bleak House (1852-3) by Charles Dickens, progressing in the English Court of Chancery.
Jersey (Jèrriais: Jèrri), officially the Bailiwick of Jersey (Bailliage de Jersey; Jèrriais: Bailliage dé Jèrri), is a Crown dependency located near the coast of Normandy, France.
John Bowes (19 June 1811 London – 9 October 1885 Streatlam, co. Durham) was an English art collector and thoroughbred racehorse owner who founded the Bowes Museum in Barnard Castle, Teesdale.
John Scott, 1st Earl of Eldon, (4 June 1751 – 13 January 1838) was a British barrister and politician.
John Selden (16 December 1584 – 30 November 1654) was an English jurist, a scholar of England's ancient laws and constitution and scholar of Jewish law.
Johnson v Unisys Limited is a leading UK labour law case on the measure of damages for unfair dismissal and the nature of the contract of employment.
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically.
Jones v Kernott is a decision by the UK Supreme Court concerning the beneficial entitlement to a co-owned family home under a constructive trust.
Jones v Lock (1865) 1 Ch App 25 is an English trusts law case, concerning the formality for creating a gift, and the possibility that if the gift were not properly completed with the required legal form, a trust could be found.
The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales.
Justice is the legal or philosophical theory by which fairness is administered.
is a foundational case, deriving from English trusts law, on the fiduciary duty of loyalty.
William John Kenneth Diplock, Baron Diplock, QC (8 December 1907 – 14 October 1985) was a British judge and Law Lord.
Sir Kim Martin Jordan Lewison (born 1 May 1952) is a Lord Justice of Appeal.
Knight v Knight (1840) 49 ER 58 is an English trusts law case, embodying a simple statement of the "three certainties" principle.
Laissez-faire (from) is an economic system in which transactions between private parties are free from government intervention such as regulation, privileges, tariffs and subsidies.
The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system.
Landmark Cases in Equity (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring.
The Law of Property (Miscellaneous Provisions) Act 1989 (c 34) is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
The Law of Property Act 1925 is a statute of the United Kingdom Parliament.
The Law Reports is the name of a series of law reports published by the Incorporated Council of Law Reporting.
Leahy v Attorney-General for New South Wales is an Australian and English trusts law case involving a charitable trust, heard by the High Court of Australia in 1958, and the Privy Council in 1959.
is an English trusts law case, concerning the duty of care owed by a trustee when exercising the power of investment.
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann PC GBS (born 8 May 1934) is a retired senior South African-British judge.
A life annuity is an annuity, or series of payments at fixed intervals, paid while the purchaser (or annuitant) is alive.
Life insurance (or life assurance, especially in the Commonwealth of Nations) is a contract between an insurance policy holder and an insurer or assurer, where the insurer promises to pay a designated beneficiary a sum of money (the benefit) in exchange for a premium, upon the death of an insured person (often the policy holder).
The Limitation Act 1980 (c. 58) is a British Act of Parliament applicable only to England and Wales.
is a foundational English unjust enrichment case.
The following list of Chief Rabbis of the United Kingdom gives information regarding the Chief Rabbi of the mainstream majority Orthodox Ashkenazi community of the United Kingdom, and various other Orthodox communities located within the Commonwealth of Nations.
is an English land law, trusts law and matrimonial law case.
The Local Government Act 1972 is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974.
The Local Government Act 1985 is an Act of Parliament in the United Kingdom.
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was a noted legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory.
The Lord Chancellor, formally the Lord High Chancellor of Great Britain, is the highest ranking among those Great Officers of State which are appointed regularly in the United Kingdom, nominally outranking even the Prime Minister.
Lumley v Gye is a foundational English tort law case, heard in 1853, in the field of economic tort.
Lying in repose is the condition of a deceased person, often of high social stature, whose body is available for public viewing.
Sir Arwyn Lynn Ungoed-Thomas (29 June 1904 – 4 December 1972) was a Welsh Labour Party politician and British judge.
Margaret Hilda Thatcher, Baroness Thatcher, (13 October 19258 April 2013) was a British stateswoman who served as Prime Minister of the United Kingdom from 1979 to 1990 and Leader of the Conservative Party from 1975 to 1990.
Dame Mary Howarth Arden, DBE, QC (née Arden; born 23 January 1947), styled The Rt Hon.
is an English trusts law case, concerning the requirements of registration and formalities, related to trust law.
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second-most senior judge in England and Wales after the Lord Chief Justice, and serves as President of the Civil Division of the Court of Appeal and Head of Civil Justice.
The Matrimonial Causes Act 1973 (c 18) is an Act of Parliament of the United Kingdom governing divorce law and marriage in England and Wales.
, also known as Re Baden's Deed Trusts (No 1) is a leading English trusts law case by the House of Lords on the certainty of beneficiaries.
A member nominated trustee, in UK law, is a person appointed by employees, or members of an occupational pension plan, in accordance with the Pensions Act 2004 sections 241-242.
Milroy v Lord is an English trusts law case that held trusts should not be used to save gifts from being defeated.
Modern portfolio theory (MPT), or mean-variance analysis, is a mathematical framework for assembling a portfolio of assets such that the expected return is maximized for a given level of risk.
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.
Morice v Bishop of Durham is an English trusts law case, concerning the policy of the beneficiary principle.
Morley v Morley (1678) 22 ER 817 is an English trusts law case, concerning the duty of care owed by a trustee.
A mortgage loan, or simply mortgage, is used either by purchasers of real property to raise funds to buy real estate, or alternatively by existing property owners to raise funds for any purpose, while putting a lien on the property being mortgaged.
Bristol and West Building Society v Mothew is a leading English fiduciary law and professional negligence case, concerning a solicitor's duty of care and skill, and the nature of fiduciary duties.
is an English trusts law case, concerning remedies for breach of trust for a conflict of interest.
Mutual trust and confidence is a phrase used in English law, particularly with reference to contracts in UK labour law, to refer to the obligations owed in an employment relationship between the employer and the worker.
Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge.
National Insurance (NI) is a tax system in the United Kingdom paid by workers and employers for funding state benefits.
National Provincial Bank Ltd v Ainsworth is an English land law and family law case, concerning the quality of a person's interest in a home when people live together, as well as licenses in land.
The National Union of Mineworkers (NUM) is a trade union for coal miners in Great Britain, formed in 1945 from the Miners' Federation of Great Britain (MFGB).
Negligence (Lat. negligentia) is a failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.
Nestle v National Westminster Bank plc is an English trusts law case concerning the duty of care when a trustee is making an investment.
The New World is one of the names used for the majority of Earth's Western Hemisphere, specifically the Americas (including nearby islands such as those of the Caribbean and Bermuda).
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson PC (called Nick; born 30 March 1930) is a former Senior Lord of Appeal in Ordinary in the United Kingdom and former Head of the Privy Council and Vice-Chancellor of the High Court.
The Nicomachean Ethics (Ἠθικὰ Νικομάχεια) is the name normally given to Aristotle's best-known work on ethics.
Nubar Sarkis Gulbenkian (Նուպար Սարգիս Կիւլպէնկեան.; 2 June 1896 – 10 January 1972) was an Armenian business magnate and socialite born in the Ottoman empire.
The Office for National Statistics (ONS) is the executive office of the UK Statistics Authority, a non-ministerial department which reports directly to the UK Parliament.
An offshore financial centre (OFC) is a jurisdiction specializing in providing corporate and commercial services, such as offshore banking licenses (international banking license) or the incorporation of offshore companies (international business companies).
An offshore trust is a conventional trust that is formed under the laws of an offshore jurisdiction.
The Old-Age Pensions Act 1908 is an Act of Parliament of the United Kingdom, passed in 1908.
An open-ended investment company (abbreviated to OEIC, pron.) or investment company with variable capital (abbreviated to ICVC) is a type of open-ended collective investment formed as a corporation under the Open-Ended Investment Company Regulations 2001 in the United Kingdom.
The Oxford Journal of Legal Studies is a legal journal published by Oxford University Press on behalf of the Faculty of Law, University of Oxford.
Palmer v Simmonds (1854) 2 Drew 221 is an English trusts law case, concerning the certainty of subject matter to create a trust.
Pari passu is a Latin phrase that literally means "with an equal step" or "on equal footing".
is an English trust law case.
is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts.
A pension is a fund into which a sum of money is added during an employee's employment years, and from which payments are drawn to support the person's retirement from work in the form of periodic payments.
Pension Law Reform (1993) Cm 2342, also known as the Goode Report after its leading author, Roy Goode, was a UK government commissioned inquiry into the state of pensions in the United Kingdom, which ultimately led to a set of statutory reforms in the Pensions Act 1995.
The Board of the Pension Protection Fund (PPF) is a statutory fund in the United Kingdom, intended to protect members if their pension fund becomes insolvent.
The Pensions Act 1995 is a piece of United Kingdom legislation to improve the running of pension schemes.
The Pensions Act 2004 (c 35) is an Act of the Parliament of the United Kingdom to improve the running of pension schemes.
Pensions in the United Kingdom fall into three major divisions and 7 sub-divisions, including both defined-benefit and defined-contribution.
The Pensions Ombudsman is the official ombudsman institution responsible for investigating complaints regarding pensions in the United Kingdom.
The Perpetuities and Accumulations Act 2009 (c. 18) is an Act of the Parliament of the United Kingdom that reforms the rule against perpetuities.
Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law at the University of Oxford from 1989 until his death.
Peter King, 1st Baron King (c. 1669 – 22 July 1734) was an English lawyer and politician, who became Lord Chancellor of England.
Peter Julian Millett, Baron Millett, GBS, PC, (born 23 June 1932) is a non-permanent judge of the Hong Kong Court of Final Appeal and a former Lord of Appeal in Ordinary and barrister of the United Kingdom.
Pettitt v Pettitt AC 777 is a leading English trusts law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home.
Philip Yorke, 1st Earl of Hardwicke (1 December 16906 March 1764) was an English lawyer and politician who served as Lord Chancellor.
A pillow is a support of the body at rest for comfort, therapeutic, decoration or play.
WestLB AG - derived from Westdeutsche Landesbank, i.e. Western German state Bank - was a European commercial bank based in Düsseldorf in Germany which was partly owned by the German state of North Rhine-Westphalia.
The Practice Statement 3 All ER 77 was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in ordinary, that they would depart from precedent in the Lords in order to achieve justice.
The presumption of advancement is a legal presumption which arises in various common law jurisdictions in relation to the transfers of money or other property.
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government.
Property, in the abstract, is what belongs to or with something, whether as an attribute or as a component of said thing.
The Public Trustee Act 1906 is a UK Act of Parliament which states that if trustees chosen by a settlor refuse to perform their role, a court will, in the last resort appoint one.
Quantum meruit is a Latin phrase meaning "what one has earned".
The Queen's Bench (or, during the reign of a male monarch, the King's Bench, Cour du banc du Roi) is the superior court in a number of jurisdictions within some of the Commonwealth realms.
R v District Auditor No 3 Audit District of West Yorkshire MCC, ex parte West Yorkshire MCC RVR 24 is an English trusts law case, concerning the certainty of trusts, and their administrative workability.
R v Ghosh is an English criminal law case, dealing with dishonesty, deception and theft.
Francis Raymond Evershed, 1st Baron Evershed, PC (8 August 1899 – 3 October 1966) was British judge who served as Master of the Rolls, and subsequently became a Law Lord.
Re Astor’s Settlement Trusts Ch 534 is an English trusts law case, concerning the principle that non-charitable trusts must be for beneficiaries and not abstract purposes.
is an English trusts law case, concerning the circumstances under which a trust will be held to be uncertain.
Re Barlow’s Will Trusts 1 WLR 278 is an English trusts law case, concerning certainty of the words "family" and "friends" in a will.
Re Bowes 1 Ch 507 is an English trusts law case, concerning the policy of the "beneficiary principle".
Re Denley’s Trust Deed 1 Ch 373 is an English trusts law case, concerning the policy of the "beneficiary principle".
Re Diplock or Ministry of Health v Simpson AC 251 is an English trusts law and unjust enrichment case, concerning tracing and an action for money had and received.
Re Duke of Norfolk’s Settlement Trusts Ch 61 is an English trusts law case, which confirmed that a court has the inherent jurisdiction to remunerate a trustee.
Re Endacott EWCA Civ 5 is an English trusts law case, concerning the policy of the "beneficiary principle".
Re Golay’s Will Trusts 1 WLR 969 is an English trusts law case, concerning the requirement of subject matter to be sufficiently certain.
Re Goldcorp Exchange Ltd is an English trusts law case by the Judicial Committee of the Privy Council decision on appeal from the Court of Appeal of New Zealand. It considers when there is sufficient certainty of subject matter to form a trust, and tracing. A company dealing in gold and other precious metals became insolvent and the Bank of New Zealand appointed receivers under a debenture. They in turn asked the High Court for guidance on how to treat the company's customers, and Thorp J refused the claims of most of the customers, leaving three categories to be settled on appeal. The outstanding issue was whether the customers had title to the gold on for them, and thus beneficiaries of a trust, or were merely unsecured creditors resulting from a breach of contract.
Re Gulbenkian’s Settlements Trusts is an English trusts law case, concerning the certainty of trusts.
Re Hallett’s Estate (1880) 13 Ch D 696 is an English trusts law case, concerning asset tracing.
Re Harvard Securities Ltd is an English trusts law case, concerning the certainty of subject matter in a trust.
Re K Ch 180 is an English land law case of acts of severance of a joint tenancy (one of two forms of co-ownership of land).
Re Kayford Ltd (in liquidation) 1 WLR 279 is a UK insolvency law and English trusts law case, concerning the creation of a trust over payments made by consumers, in an insolvent company.
Re Lehman Brothers International (Europe) is an English trusts law and UK insolvency law case, concerning the certainty of subject matter to create a trust.
Re Lipinski’s Will Trusts Ch 235 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations.
Re London Wine Co Ltd PCC 121 is an English trusts law case, concerning the necessity of ascertaining assets subject to a trust.
Re Lucking's Will Trusts 1 WLR 866 is an English trusts law case concerning the duty of care of a trustee, and the requirement to become involved in the governance of companies in which the trust has an interest.
Re Oatway Ch 356 is an English trusts law case, concerning tracing.
Re Osoba is an English trusts law case, concerning the construction of a trust to benefit people, rather than a purpose.
Re Recher's Will Trusts Ch 526 is an English trusts law case, concerning the policy of the beneficiary principle and unincorporated associations.
Re Rose is a case in English trusts law and English property law.
Re Tuck's Settlement Trusts is a leading English trusts law case, concerning the certainty of trusts.
Re Vandervell Trustees Ltd (No 2) is a leading English trusts law case, concerning resulting trusts.
Re West Sussex Constabulary's Widows, Children and Benevolent (1930) Fund Trusts Ch 1 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations.
Reading v Attorney-General is an English trusts law case, concerning constructive trusts.
A real estate investment trust (REIT) is a company that owns, and in most cases operates, income-producing real estate.
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions.
The Recognition of Trusts Act 1987 is a UK Act of Parliament that requires and entitles that courts in the United Kingdom recognise the validity of trusts which are created abroad.
Registered land in English law accounts for around 88 per cent of the total land mass.
In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong.
Repington v Roberts-Gawen (1881–82) LR 19 Ch D 520 is a leading English trust law case, concerning the requirement of intention to create a trust, and the requisite level of certainty in the beneficiaries.
The law of restitution is the law of gains-based recovery.
A resulting trust (from the Latin 'resalire' meaning 'to jump back') is the creation of an implied trust by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for benefit of another person.
To be ridiculous is to be something which is highly incongruous or inferior, sometimes deliberately so to make people laugh or get their attention, and sometimes unintendedly so as to be considered laughable and earn or provoke ridicule and derision.
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was a British judge and law lord.
Sir Robert Henley, 1st Earl of Northington, PC (c. 1708 – 14 January 1772) was the Lord Chancellor of Great Britain. He was a member of the Whig Party in the parliament and was known for his wit and writing.
Ian Robert Maxwell (10 June 1923 – 5 November 1991), born Ján Ludvík Hyman Binyamin Hoch, was a British media proprietor and Member of Parliament (MP).
Sir Robert Edgar Megarry, PC, FBA (1 June 1910 – 11 October 2006) was an eminent British lawyer and judge.
Professor Robert Stevens is the Herbert Smith Freehills Professor of English Private Law at the University of Oxford, a position he took up in 2012.
Robert Alderson Wright, Baron Wright, (15 October 1869 – 27 June 1964) was a British judge.
Roderick Pitt "Roddy" Meagher AO QC (1932–2011) was an Australian jurist and former judge.
Roger Grenfell Toulson, Lord Toulson (23 September 1946 – 27 June 2017) was a British lawyer and judge who served as a Justice of the Supreme Court of the United Kingdom.
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman Emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously.
Romford is a large town in East London and the administrative centre of the London Borough of Havering.
Sir Royston Miles "Roy" Goode (born 6 April 1933) is an academic commercial lawyer in the United Kingdom.
is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
The rule against perpetuities is a rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of property for a time long beyond the lives of people living at the time the instrument was written.
Sir Alfred Rupert Neale Cross,, DCL (15 June 1912 in Chelsea, London – 12 September 1980, Oxford) was a prominent English lawyer and academic.
, (1841) 4 Beav 115 is a leading English trusts law case.
Scally v Southern Health and Social Services Board 1 AC 294 is an English contract law case, relevant for pensions and UK labour law, concerning implied terms.
is a judicial decision concerning the information rights of a beneficiary under a discretionary trust.
In English law, a secret profit is a profit made by an employee who uses his employer's premises and business facilities in order to engage in unauthorised trade on his own behalf.
In English law, secret trusts are a class of trust defined as an arrangement between a testator and a trustee, made to come into force after death, that aims to benefit a person without having been written in a formal will.
Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of securities laws.
Seisin (or seizin) denotes the legal possession of a feudal fiefdom or fee, that is to say an estate in land.
Sempra Metals Ltd v Inland Revenue Commissioners is a UK tax law case, concerning the availability of compound interest upon personal claims.
The Senior Courts Act 1981 (c.54), originally named the Supreme Court Act 1981, is an Act of the Parliament of the United Kingdom.
In law a settlor is a person who settles property on trust law for the benefit of beneficiaries.
In financial markets, a share is a unit used as mutual funds, limited partnerships, and real estate investment trusts.
is an English trusts law case, concerning constructive trusts.
Socially responsible investing (SRI), or social investment, also known as sustainable, socially conscious, "green" or ethical investing, is any investment strategy which seeks to consider both financial return and social/environmental good to bring about a positive change.
The South Sea Company (officially The Governor and Company of the merchants of Great Britain, trading to the South Seas and other parts of America, and for the encouragement of fishing) was a British joint-stock company founded in 1711, created as a public-private partnership to consolidate and reduce the cost of national debt.
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract.
Speight v Gaunt is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary.
Stack v Dowden is a leading English property law case from the House of Lords case concerning the division of interests in family property after the breakdown of a cohabitation relationship.
The Star Chamber (Latin: Camera stellata) was an English court of law which sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Councillors and common-law judges, to supplement the judicial activities of the common-law and equity courts in civil and criminal matters.
The Statute of Uses (27 Hen 8 c 10) was an Act of the Parliament of England that restricted the application of uses in English property law.
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
Subrogation is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit.
A supreme court is the highest court within the hierarchy of courts in many legal jurisdictions.
The Supreme Court of Judicature Act 1873 (sometimes known as the Judicature Act 1873) was an act of the Parliament of the United Kingdom in 1873.
The Supreme Court of the United Kingdom is the supreme court in all matters under English and Welsh law, Northern Irish law and Scottish civil law.
Swindle v Harrison 4 All ER 705 is an English trusts law case, concerning remedies for breach of trust.
was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee.
Tang Man Sit v Capacious Investments Ltd is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
is an English trusts law case, concerning the test for causation and the extent of compensation for breaches of trust.
Tax avoidance is the legal usage of the tax regime in a single territory to one's own advantage to reduce the amount of tax that is payable by means that are within the law.
A tax haven is defined as a jurisdiction with very low "effective" rates of taxation ("headline" rates may be higher).
Taxation in the United Kingdom may involve payments to a minimum of three different levels of government: the central government (Her Majesty's Revenue and Customs), devolved governments and local government.
The taxation of trusts in the United Kingdom is governed by a different set of principles to those tax laws which apply to individuals or companies.
Taylor v Plumer is an English trusts law case, concerning tracing assets that are wrongfully taken in breach of trust.
The Charitable Corporation v Sutton (1742) is an important old English law case which holds in substance that a director of a company owes duties to the company in the same measure and quality as does a trustee to a trust.
The Observer is a British newspaper published on Sundays.
The Pensions Regulator is a non-departmental public body which holds the position of the regulator of work-based pension schemes in the UK.
The three certainties refer to a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object.
is an English trusts law case, concerning resulting trusts, the presumption of advancement and illegality.
Alfred Thompson “Tom” Denning, Baron Denning, (23 January 1899 – 5 March 1999) was an English lawyer and judge.
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his/her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds.
Tracing in English law is a procedure to identify property (such as money) that has been taken from the claimant involuntarily.
is an English trusts law case, concerning resulting trusts, the presumption of advancement and illegality.
A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") a property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary.
Trust law is not part of most civil law jurisdictions, but is a common figure in most common law system (and thus in most Commonwealth jurisdictions).
Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, is a synonym for anyone in a position of trust and so can refer to any person who holds property, authority, or a position of trust or responsibility for the benefit of another.
Trustee Act 1925 is an Act of Parliament of the United Kingdom that codified and updated the regulation of trustees' powers and appointment.
The Trustee Act 2000 is an Act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law.
A trustee de son tort is a person who may be regarded as owing fiduciary duties by a course of conduct that amounts to a wrong, or a tort.
The Trustee Investments Act 1961 (c 62) was an Act of the Parliament of the United Kingdom that covers where trustees can invest trust funds.
The Trusts of Land and Appointment of Trustees Act 1996, usually called "TLATA" or "TOLATA", is an Act of Parliament of the United Kingdom, which altered the law in relation to trusts of land in England, Wales, Scotland and Northern Ireland.
is a leading case in English trusts law.
Ultra vires is a Latin phrase meaning "beyond the powers".
Uncertainty has been called "an unintelligible expression without a straightforward description".
Under Milk Wood is a 1954 radio drama by Welsh poet Dylan Thomas, commissioned by the BBC and later adapted for the stage.
The Unfair Contract Terms Act 1977 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms.
A unit trust is a form of collective investment constituted under a trust deed.
The United Kingdom company law regulates corporations formed under the Companies Act 2006.
In the United Kingdom, corporation tax is a corporate tax levied in the United Kingdom on the profits made by UK-resident companies and on the profits of entities registered overseas with permanent establishments in the UK.
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts.
United Kingdom labour law regulates the relations between workers, employers and trade unions.
. United States trust law is the body of law regulating the legal instrument for holding wealth known as a trust.
In contract law, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust.
Use, as a term in real property of common law countries, amounts to a recognition of the duty of a person to whom property has been conveyed for certain purposes, to carry out those purposes.
Economic value is a measure of the benefit provided by a good or service to an economic agent.
Vandervell v Inland Revenue Commissioners 2 AC 291 is a leading English trusts law case, concerning resulting trusts.
The Variation of Trusts Act 1958 is an Act of the Parliament of the United Kingdom that governs the courts' ability to vary the terms of trust documents.
Vaughan v Barlow Clowes International Ltd is an English trusts law case, concerning tracing.
Vernon v Bethell (1762) is an English property law case, where it was affirmed that there could be no clog on the equity of redemption.
In law, vesting is to give an immediately secured right of present or future deployment.
The Vinerian Professorship of English Law, formerly Vinerian Professorship of Common Law, was established by Charles Viner who by his will, dated 29 December 1755, left about £12,000 to the Chancellor, Masters and Scholars of the University of Oxford, to establish a Professorship of the Common Law in that University, as well as a number of Vinerian scholarships and readerships.
Waldorf Astor, 2nd Viscount Astor, DL (19 May 1879 – 30 September 1952) was an American-born English politician and newspaper proprietor.
Walsh v Lonsdale (1882) 21 Ch D 9 is an English property law case about the effect of the Judicature Acts.
A waqf (وقف), also known as habous or mortmain property, is an inalienable charitable endowment under Islamic law, which typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets.
Wesley Newcomb Hohfeld (8 August 1879, Oakland, California21 October 1918, Alameda, California) was an American jurist.
West Yorkshire County Council (WYCC) — also known as West Yorkshire Metropolitan County Council (WYMCC) — was the top-tier local government administrative body for West Yorkshire from 1974 to 1986.
is a leading English trusts law case concerning the circumstances under which a resulting trust arises.
A will or testament is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century.
William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
Sir William Searle Holdsworth (7 May 1871 – 2 January 1944), was Vinerian Professor of English Law at Oxford University and a legal historian, amongst whose works is the 17 volume History of English Law.
William I (c. 1028Bates William the Conqueror p. 33 – 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman King of England, reigning from 1066 until his death in 1087.
The Wills Act 1837 (1 Vict.) is an Act of the Parliament of the United Kingdom that confirms the power of every adult to dispose of their real and personal property, whether they are the outright owner or a beneficiary under a trust, by will on their death (s.3).
WN Hillas & Co Ltd v Arcos Ltd is a landmark House of Lords case on English contract law where the court first began to move away from a strict, literal interpretation of the terms of a contract, and instead interpreted it with a view to preserve the bargain.