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Air Jamaica Ltd V Charlton
''Air Jamaica Ltd v Charlton'' 999UKPC 20is an English trusts law case, concerning resulting trusts. In it Lord Millett expressed the view that a resulting trust arises because of the absence of intention to benefit a recipient of money. Facts Air Jamaica Ltd had set up a pension trust for the benefit of its employees, funded by contributions from its employees' salaries. When the company was privatised, J$400 million was left over in the pension fund. Clause 4 of the pension deed provided that ‘No moneys which at any time have been contributed by the Company under the terms hereof shall in any circumstances be repayable to the Company’. Air Jamaica Ltd wished to remove clause 4, and change clause 13.3 to say that surpluses would be held on trust for the company. The Judge held that clause 13.3 was void, going against the rule against perpetuity, and so the surplus passed on trust as ''bona vacantia'' to the Crown. The Court of Appeal held that the surplus should be dealt ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Jamaica
The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court (formerly known as the Resident Magistrate's court) in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes. Jamaica is a common law jurisdiction, in which precedents from English law and British Commonwealth tradition may be taken into account. Court of Appeal The Court of Appeal is the highest appellate court in Jamaica; it is superior to the Supreme Court. The Court is composed of a President and six other Judges. The Chief Justice is also a judge ''ex officio'' of the Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resulting Trusts
A resulting trust is an implied trust that comes into existence 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. The trust property is said to "result" or jump back to the transferor (implied settlor). In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust for the settlor. Not all trusts whose beneficiary is also the settlor can be called resulting trusts. In common law systems, the resulting trust refers to a subset of trusts which have such outcome; express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. Another understanding of resulting trusts could be an equitable instrument used to rectify and reverse unjust enrichment. The beneficial interest results in the settlor, or if the settlor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Air Jamaica Ltd
Air Jamaica was the national airline of Jamaica. It was owned and operated by Caribbean Airlines from May 2011 until the cessation of operations in 2015. Caribbean Airlines Limited, headquartered in Piarco, Trinidad and Tobago, had administrative offices for Air Jamaica located at Norman Manley International Airport in Kingston, Jamaica. The Jamaican government was formerly the owner of Air Jamaica. It sold the airline to Caribbean Airlines in 2011, which resulted in the Jamaican government owning 16% of Caribbean Airlines.2014 Investment Climate Statement: Jamaica United States Department of State (June 2014), p. 11. History According to |
