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Barnes V Addy
''Barnes v Addy'' (1874) LR 9 Ch Appbr>244ref name="citations" /> was a decision of the Court of Appeal in Chancery. It established that, in English trusts law, third parties could be liable for a breach of trust in two circumstances, referred to as the two 'limbs' of ''Barnes v Addy'': knowing receipt and knowing assistance.'' Royal Brunei Airlines v Tan'' 9952 AC 378, 382. Although the decision remains historically significant in common law countries, the House of Lords significantly revised the relevant equitable principles in cases such as '' Royal Brunei Airlines v Tan'' (1995) and ''Dubai Aluminium Co Ltd v Salaam'' (2002). Statement of principle In '' Royal Brunei Airlines v Tan'', the House of Lords described this passage as the "much-quoted dictum" in ''Barnes v Addy'': This passage was adopted by the High Court of Australia as a statement of the 'rule in ''Barnes v Addy in '' Farah Constructions Pty Ltd v Say-Dee Pty Ltd'' (2007).(2007) 230 CLR 89; [111]. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal In Chancery
The Court of Appeal in Chancery was created in 1851 to hear appeals of decisions and decrees made in the Court of Chancery, Chancery Court. The appeals in the court were heard by the Lord Chancellor alone, or as a tripartite panel (supplemented by two Lords Justices of Appeal). Cases here could be further appealed to the House of Lords. Previous mechanism Prior to the creation of the Court of Appeal in Chancery, the Lord Chancellor of the Chancery Court heard appeals as part of the Chancery Court caseload. Functions The court was created in 1851 to hear appeals of decisions made by the Vice Chancellors and the Master of the Rolls in Court of Chancery, Chancery Court. The appeals in the court were heard by the Lord Chancellor alone as under the previous mechanism, or as a tripartite panel (supplemented by two Lords Justices of Appeal). Cases here could be further appealed to the House of Lords. Successor court The Court of Appeal in Chancery became incorporated into and superse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dubai Aluminium Co Ltd V Salaam
''Dubai Aluminium Co Ltd v Salaam'' [2002UKHL 48is an English vicarious liability case, concerning also breach of trust and dishonest assistance. Facts Salaam's solicitors were seeking contribution for damages because of their former client. Mr Salaam had defrauded Dubai Aluminium Co Ltd. Mr Salaam's solicitors were Amhurst Brown Martin & Nicholson, and they had drafted documents for him. Amhurst's had been sued and had settled a $10m claim. Then, they sought contribution from Mr Salaam under the Civil Liability (Contribution) Act 1978. This required showing that Amhurst's was liable for wrongful acts by Mr Anthony Amhurst, under the Partnership Act 1890 section 10. Judgment Court of Appeal The majority of the Court of Appeal, 001QB 113 Evans LJ and Aldous LJ, held that the firm was not vicariously liable for the dishonest acts of Mr Salaam, and so was not entitled to a contribution from Mr Salaam for settling the claim by Dubai Aluminium. Turner J dissented. Mr Salaam argued t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vice-Chancellor Of England
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division. From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery — rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings and hearings before most cases would reach Chancery the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Wickens
Sir John Wickens (13 June 1815 – 25 October 1873) was an English barrister and judge. Life The second son of James Stephen Wickens of Chandos Street, Cavendish Square, London by his wife, Anne Goodenough, daughter of John Hayter of Winterbourne Stoke, Wiltshire, was born at his father's house on 13 June 1815. He was educated at Eton College under John Keate. Wickens won in 1832 an open scholarship at Balliol College, Oxford, matriculating on 30 November. He graduated B.A. with a double first in Michaelmas term 1836, and M.A. in 1839, but was an unsuccessful candidate for a Balliol fellowship (a later rumour put this down to ill-timed display of his wit). Having entered Lincoln's Inn, he was called to the bar in May 1840. A conveyancer and equity draftsman, Wickens had a practice that reaped the benefit when in 1852 a number of leading juniors took silk. He appeared frequently before the House of Lords and the privy council. During the later years of his career as barrister ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
First Instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stockbroker
A stockbroker is a regulated broker, broker-dealer, or registered investment adviser (in the United States) who may provide financial advisory and investment management services and execute transactions such as the purchase or sale of stocks and other investments to financial market participants in return for a commission, markup, or fee, which could be based on a flat rate, percentage of assets, or hourly rate. The term also refers to financial companies, offering such services. Examples of professional designations held by individuals in this field, which affects the types of investments they are permitted to sell and the services they provide include chartered financial consultants, certified financial planners or chartered financial analysts (in the United States and UK), chartered strategic wealth professionals (in Canada), chartered financial planners (in the UK). The Financial Industry Regulatory Authority provides an online tool designed to help understand professio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Farah Constructions Pty Ltd V Say-Dee Pty Ltd
''Farah Constructions v Say-Dee Pty Ltd'', also known as ''Farah'', is a decision of the High Court of Australia. The case was influential in developing Australian legal doctrines relating to Equity (law), equity, Property law, property, unjust enrichment, and Constructive trusts in English law, constructive trusts, as well as the doctrine of precedent as it applies in Australia. In relation to the doctrine of precedent, the High Court held that Australian intermediate appellate courts and trial judges are bound by earlier decisions of intermediate appellate courts when construing federal and uniform national legislation, as well as Common law, non-statutory law, unless convinced that the earlier decision was 'plainly wrong'. It further held that lower courts in Australia must obey the 'seriously considered Obiter dictum, dicta' of a High Court majority., para 158 The decision also resolved in part the relationship between ''Barnes v Addy'' liability and the Torrens system; th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Agency (law)
The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another (called the principal) to create legal relations with a third party. Succinctly, it may be referred to as the equal relationship between a principal and an agent whereby the principal, expressly or implicitly, authorizes the agent to work under their control and on their behalf. The agent is, thus, required to negotiate on behalf of the principal or bring them and third parties into contractual relationship. This branch of law separates and regulates the relationships between: * agents and principals (internal relationship), known as the principal-agent relationship; * agents and the third parties with whom they deal on their principals' behalf (external relationship); and * principals and the third parties when the agents deal. Concepts The recipro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
A constructive trust is an equitable remedy 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. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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