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Bishopsgate Investment Management Ltd V Homan
''Bishopsgate Investment Management Ltd v Homan'' 994EWCA Civ 33is an English trusts law case about whether a beneficiary whose fiduciary breaches trust, may trace assets through an overdrawn account to its destination. Facts Mr Homan, a PriceWaterhouseCoopers partner, administered the insolvent companies of Robert Maxwell. After Maxwell fell off his luxury yacht and died, it was revealed that he had taken his employees' pension money. Bishopsgate Investment Management Ltd. was the trustee of pension moneys belonging to the employees of Maxwell Communications Corporation plc. In breach of trust, Maxwell paid the pension money into the overdrawn accounts of MCC. Upon liquidation, Bishopsgate claimed it was entitled to trace the pension money to create an equitable charge over all the assets of MCC, and thus priority over unsecured creditors of MCC. Judgment High Court Vinelott J held that there could be no equitable charge. He accepted there could be backwards tracing if (1) pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dillon LJ
Sir George Brian Hugh Dillon (2 October 1925 – 22 June 2003) was a British lawyer and judge who served as a Lord Justice of Appeal from 1982 to 1994. Biography Dillon was born in a naval family, the son of Captain George Crozier Dillon, RN, and the grandson of an admiral. He was educated at Winchester College, where he was a scholar, before proceeding to New College, Oxford, also as a scholar. Initially reading Classics, he switched to law, before joining the Royal Naval Volunteer Reserve in 1943, training at HMS ''Ganges'' before serving in the Far East abroad the destroyer HMS ''Tyrian''. Returning to Oxford after the war, he was called to the bar by Lincoln's Inn in 1948, and acquired a "huge practice" at the Chancery bar. He took silk in 1965 and became head of chambers. He was appointed a judge of the High Court of Justice, in 1979, assigned to the Chancery Division and received the customary knighthood. He was promoted to the Court of Appeal in 1982, and was sworn of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leggatt LJ
Sir Andrew Peter Leggatt, PC (8 November 1930 – 21 February 2020) was a British judge who served as the Lord Justice of Appeal and as a member of the Privy Council. He was noted for his acerbic wit and precise, well-written judgements. As a barrister, his clients included Paul McCartney and Robert Bolt. Biography He was educated at Eton College and King's College, Cambridge. He wrote ''Tribunals for Users – One System, One Service'', published by the Department for Constitutional Affairs. He liked the English language and literature and was a member of the Queen's English Society. He had two children, George and Alice. His son, George, is also a judge and was appointed to the UK Supreme Court before his father's death. Judgments *'' Johnstone v Bloomsbury Health Authority'' 9912 All ER 293, dissenting *'' Vaughan v Barlow Clowes International Ltd'' 991EWCA Civ 11 – an English trusts law case, concerning tracing *'' Nestle v National Westminster Bank plc'' 992EWC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry LJ
Sir Denis Robert Maurice Henry, PC (19 April 1931 – 6 March 2010) was an English barrister, Queen's Counsel and judge, rising to Lord Justice of Appeal. He presided over the Guinness share-trading fraud trial, a major British business scandal of the 1980s. Education Denis Henry was born 19 April 1931 in Margate, son of a British Indian Army Brigadier in the 5th Maratha Light Infantry. He lived as a child in Quetta and New Delhi, later in Oxford and during World War II in Boston, Massachusetts as an Evacuations of civilians in Britain during World War II, evacuee. He was educated at Shrewsbury School, then performed Conscription in the United Kingdom, national service with the King's Own Royal Regiment, and afterwards read law at Balliol College, Oxford. Career His career as a barrister started in 1955 when he was called to the bar, and he was appointed Queen's Counsel in 1977. Derry Irvine, Baron Irvine of Lairg, Derry Irvine was a pupil; Thomas Bingham, Baron Bingham of Co ... [...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] |
PriceWaterhouseCoopers
PricewaterhouseCoopers is an international professional services brand of firms, operating as partnerships under the PwC brand. It is the second-largest professional services network in the world and is considered one of the Big Four accounting firms, along with Deloitte, EY and KPMG. PwC firms are in 157 countries, across 742 locations, with 284,000 people. As of 2019, 26% of the workforce was based in the Americas, 26% in Asia, 32% in Western Europe and 5% in Middle East and Africa. The company's global revenues were $42.4 billion in FY 2019, of which $17.4 billion was generated by its Assurance practice, $10.7 billion by its Tax and Legal practice and $14.4 billion by its Advisory practice. The firm in its recent actual form was created in 1998 by a merger between two accounting firms: Coopers & Lybrand, and Price Waterhouse. Both firms had histories dating back to the 19th century. The trading name was shortened to PwC (stylized p''w''c) in September 2010 as part of a rebr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Maxwell
Ian Robert Maxwell (born Ján Ludvík Hyman Binyamin Hoch; 10 June 1923 – 5 November 1991) was a Czechoslovak-born British media proprietor, member of parliament (MP), suspected spy, and fraudster. Early in his life, Maxwell escaped from Nazi occupation in his native country, joined the Czechoslovak Army in exile during World War II and was decorated after active service in the British Army. In subsequent years he worked in publishing, building up Pergamon Press to a major academic publisher. After six years as a Labour MP during the 1960s, Maxwell again put all his energy into business, successively buying the British Printing Corporation, Mirror Group Newspapers and Macmillan Publishers, among other publishing companies. Maxwell led a flamboyant lifestyle, living in Headington Hill Hall in Oxford, from which he often flew in his helicopter, or sailing in his luxury yacht, the ''Lady Ghislaine''. He was litigious and often embroiled in controversy. In 1989, Maxwell had t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maxwell Communications Corporation Plc
Maxwell Communication Corporation plc was a leading British media business. It was listed on the London Stock Exchange and was a constituent of the FTSE 100 Index. It collapsed in 1991 following the death of its titular owner. History The company was established in 1964 when '' Hazell Sun'' merged with Purnell & Sons to form the British Printing Corporation. In 1967, the British Printing Corporation merged its magazines into Haymarket Group. During the 1970s the ''British Printing Corporation'' was involved in many disputes with trade unions.Peter Robinson, Chairman and CEO, Obituary ''The Times'', 15 November 2007. In 1978 such a dispute led to '''' and ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vinelott J
Sir John Evelyn Vincent Vinelott (15 October 1923 – 22 May 2006) was a leading barrister at the Chancery bar and an English High Court judge in the Chancery Division from 1978 to 1994. He was born in Gillingham, Kent, and studied at Queen Elizabeth's Grammar School, Faversham. He started to read English at Goldsmiths, University of London, but his studies were interrupted by Second World War. He enlisted with the Royal Navy Volunteer Reserve before he graduated: the master-at-arms told him that hyphenated surname ("Vine-Lott") were not used on the lower decks. He was later commissioned as a sub-lieutenant, but retained his new unhyphenated surname. He was sent to the School of Oriental and African Studies to learn Japanese, and served on destroyers in the Far East, reading Japanese signals. He bought a copy of Ludwig Wittgenstein's ''Tractatus Logico-Philosophicus'' in Colombo, which made him determined to study philosophy after the war. He returned to his studies at Quee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Backwards Tracing
Backward or Backwards is a relative direction. Backwards or Sdrawkcab (the word "backwards" with its letters reversed) may also refer to: * "Backwards" (''Red Dwarf''), episode of sci-fi TV sitcom ''Red Dwarf'' ** ''Backwards'' (novel), a novel based on the episode * '' Backwards: The Riddle of Dyslexia'', 1984 American TV program * "Backwards" (Rascal Flatts song), a 2006 country music song on ''Me and My Gang'' * "Backwards", a song by Apartment 26 from the '' Mission: Impossible 2 (soundtrack)'' * "Backward", a song by Quicksand from the album ''Manic Compression'' * Backmasking, a recording technique in which a sound or message is recorded backward onto a track that is meant to be played forward * " Sdrawkcab", a 1998 episode of ''Dexter's Laboratory'' See also *Other Backward Class The Other Backward Class is a collective term used by the Government of India to classify castes which are educationally or socially backward. It is one of several official classifications ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bishopsgate Investment Management Ltd V Maxwell (No 2)
''Bishopsgate Investment Management Ltd v Maxwell (No 2)'' 993BCLC 814 is a UK company law case concerning a director's duty to act for proper purposes of the company. This case is an example of what would now be Companies Act 2006, section 171. Facts Robert Maxwell, who controlled Maxwell Group plc and bought the Daily Mirror in 1984, fell off his yacht in the Canary Islands on 5 November 1991. It transpired he had used the company pension funds to fund his own lifestyle. Ian Maxwell was Robert’s son and a director of Bishopsgate Investment Management Ltd, which was meant to be safeguarding the company pension plans. He had signed share transfers from Bishopsgate to Maxwell Group plc for no consideration. The shares had been held on trust for a number of pension schemes. The liquidators of Bishopsgate sued Ian Maxwell to compensate for the value of the shares, on the basis that it was an improper use of the company's property. Judgment Hoffmann LJ held that Ian Maxwell was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Macmillan Inc V Bishopsgate Investment Trust Plc (No 3)
is a judicial decision relating to English trusts law and conflict of laws case from the Court of Appeal. The issue arose in relation to frauds conducted by the late Robert Maxwell. The appeal was not actually an appeal on the full decision, but an appeal to determine a preliminary issue: specifically whether the proper law to determine the issue was English law or New York law. Macmillan argued that the main issue was a claim in restitution, and so the proper law to determine the issue was English law. The respondent banks argued that the main issue was who had title to the shares, and so the proper law to determine that issue was New York law. The reported decision is one of a series of cases in relation to the fraud, and probably the most widely reported and cited decision within that series. The trial at first instance on the full facts (9951 WLR 978, before Millett J) had taken "the best part of a year, from October 1992 to July 1993". The respondent banks won at f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
