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Akers V Samba Financial Group
is a judicial decision of the Supreme Court of the United Kingdom relating to the conflict of laws, trust law and insolvency law. The key issues in the litigation evolved significantly during the appeals process, meaning that the issues addressed by the Supreme Court differed from those considered by the Court of Appeal, which in turn were different from those which were considered at first instance by the Vice Chancellor. However, by the time the case reached the Supreme Court the core issue was whether a transfer of trust property to a bona fide purchaser for value without notice, which extinguished the beneficial interest of a company in liquidation, was void as a "disposition of property" after the commencement of winding up. The case involved consideration of several issues of law which the Supreme Court described as "novel and difficult". The appeal was heard against an application to determine a preliminary issue. Accordingly, for the purposes of the hearing the allega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Terence Etherton
Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court from 2013 to 2016. Early life Etherton attended Holmewood House School and St Paul's School, and studied history and law at Corpus Christi College, Cambridge. He was a member of the British fencing team (sabre) from 1977 to 1980 and was selected to compete at the 1980 Summer Olympics in Moscow, but joined the boycott in protest against the 1979 Soviet invasion of Afghanistan. Legal career Etherton was called to the bar (Gray's Inn) in 1974 and became a Queen's Counsel in 1990. He was appointed a High Court judge on 11 January 2001 and assigned to the Chancery Division, receiving the customary knighthood. In August 2006, he was appointed Chairman of the Law Commission, the statutory independent body created by the Law Commissions Act 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penn V Lord Baltimore
''Penn v Lord Baltimore'' (1750) 1 Ves Sen 444 was a judicial decision of Lord Hardwicke LC in relation to the long-running Penn–Calvert boundary dispute. The case is important both as a legal precedent under English law (in relation to the extent to which the English courts may act in relation to matters involving title to foreign land), but also as an event in its own right during a formative period of the pre-history of the United States. The decision helped end the 85-year dispute over the Pennsylvania–Maryland border, although the issue was not definitively resolved until King George III formally approved the newly surveyed Mason–Dixon boundaries in 1768. Ironically, just seven years later the American Revolution occurred, and both parties essentially lost all of the lands they had been arguing over for so long. Background The background to the dispute is slightly complicated, and it relates to a number of different charters given to the Penn family and the Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity Of Redemption
The equity of redemption refers to the right of a mortgagor to redeem his or her property once the debt secured by the mortgage has been discharged. Overview Historically, a mortgagor (the borrower) and a mortgagee (the lender) executed a conveyance of legal title to the property in favour of the mortgagee as security for the loan. If the loan was repaid, then the mortgagee would return the property; if the loan was not repaid, then the mortgagee would keep the property in satisfaction of the debt. The equity of redemption was the right to petition the courts of equity to compel the mortgagee to transfer the property back to the mortgagor once the secured obligation had been performed. Today, most mortgages are granted by statutory charge rather than by a formal conveyance, although theoretically there is usually nothing to stop two parties from executing a mortgage in the more traditional manner. Traditionally, the courts have been astute to ensure that the mortgagee did not int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British South Africa Co V De Beers Consolidated Mines Ltd
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *'' Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Succession Duty Act 1853
Succession is the act or process of following in order or sequence. Governance and politics *Order of succession, in politics, the ascension to power by one ruler, official, or monarch after the death, resignation, or removal from office of another, usually in a clearly defined order *Succession of states, in international relations, is the process of recognition and acceptance of a newly created state by other states, based on a perceived historical relationship the new state has with a prior state *Succession planning, in organizations, identifying and developing individuals to succeed to senior positions in government, business, organizations, etc. * Successor company / Successor corporation / Successor in Business Inheritance * Apostolic succession, the doctrine, held by some Christian denominations, that bishops are the successors of the original Twelve Apostles, inheriting their spiritual, ecclesiastical and sacramental authority, power, and responsibility *Succession ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Situs
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official Portrait Of Lord Mance
An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their superior and/or employer, public or legally private). An elected official is a person who is an official by virtue of an election. Officials may also be appointed ''ex officio'' (by virtue of another office, often in a specified capacity, such as presiding, advisory, secretary). Some official positions may be inherited. A person who currently holds an office is referred to as an incumbent. Something "official" refers to something endowed with governmental or other authoritative recognition or mandate, as in official language, official gazette, or official scorer. Etymology The word ''official'' as a noun has been recorded since the Middle English period, first seen in 1314. It comes from the Old French ''official'' (12th century), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Recognition Of Trusts Act 1987
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. The Act implemented the Hague Trust Convention, agreed internationally in 1985. It has recently come under scrutiny for the propensity to perpetuate tax avoidance, and the shift of vast sums of money to offshore tax havens. Contents Schedule 1, article 6, states the settlor of a trust has the right to choose any foreign trust law to govern a trust. Art 18 goes on to say that provisions of the schedule are inapplicable if it would be ‘manifestly incompatible with public policy’. {{Expand section, date=December 2013 See also *English trust law *UK company law English trusts law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Trust Convention
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. It concluded on 1 July 1985, entered into force 1 January 1992, and is as of September 2017 ratified by 14 countries. The Convention uses a harmonised definition of a trust, which is the subject of the convention, and sets Conflict rules for resolving problems in the choice of the applicable law. The key provisions of the Convention are: * each party recognises the existence and validity of trusts. However, the Convention only relates to trusts with a written trust instrument. It would not apply trusts which arise (usually in common law jurisdictions) without a written trust instrument. * the Convention sets out the characteristics of trusts under the convention (even jurisdictions with considerable legal history relating to trusts find this difficult) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Vos
Sir Geoffrey Charles Vos (born 22 April 1955) is a British judge. Since January 2021, he has held the position of Master of the Rolls, the head of civil justice in the court system of England and Wales. Early life Vos was born on 22 April 1955 to Bernard Vos and Pamela Celeste Rose. He was educated at University College School, London and Gonville and Caius College, Cambridge. Career He was called to the bar at Inner Temple in 1977, and took Queen's Counsel, Silk in 1993. He was the Chairman of the Chancery Bar Association from 1999 to 2001 and of the General Council of the Bar, Bar Council in 2007. Judge Between 2005 and 2009 he was a Judge of the Courts of Appeal of Court of Appeal of Jersey, Jersey and Court of Appeal of Guernsey, Guernsey, and a Judge of the Court of Appeal of the Cayman Islands between 2008 and 2009. He sat as a Deputy High Court Judge from 1999 until 2009 and was appointed as a Justice of the High Court, assigned to the Chancery division, in Octob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Kitchin, Lord Kitchin
David James Tyson Kitchin, Lord Kitchin, PC (born 30 April 1955) is a Justice of the Supreme Court of the United Kingdom. He has also served as a Lord Justice of Appeal. Career Having attended Oundle School and studied Natural Sciences as an undergraduate at Fitzwilliam College, Cambridge, Kitchin switched to Law in his final year and was called to the Bar ( Gray's Inn) in 1977; he has been a bencher since 2003. During his university days, he also coxed the Cambridge team that won the 1975 Boat Race. He became a Queen's Counsel in 1994. In 2001, he was appointed a Deputy High Court Judge. He was appointed to the High Court of Justice on 3 October 2005 and assigned to the Chancery Division; he was knighted in the same year. Kitchin has served as Chancery Supervising Judge for the Wales, Western and Midland Circuits since 2009. In 2011, he was appointed a Lord Justice of Appeal effective 5 October 2011, and received the customary appointment to the Privy Council A pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
