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Brian Dillon (judge)
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 sw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Right Honourable
''The Right Honourable'' ( abbreviation: ''Rt Hon.'' or variations) is an honorific style traditionally applied to certain persons and collective bodies in the United Kingdom, the former British Empire and the Commonwealth of Nations. The term is predominantly used today as a style associated with the holding of certain senior public offices in the United Kingdom, Canada, New Zealand, and to a lesser extent, Australia. ''Right'' in this context is an adverb meaning 'very' or 'fully'. Grammatically, ''The Right Honourable'' is an adjectival phrase which gives information about a person. As such, it is not considered correct to apply it in direct address, nor to use it on its own as a title in place of a name; but rather it is used in the third person along with a name or noun to be modified. ''Right'' may be abbreviated to ''Rt'', and ''Honourable'' to ''Hon.'', or both. ''The'' is sometimes dropped in written abbreviated form, but is always pronounced. Countries with common or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Notcutt V Universal Equipment Co (London) Ltd
''Notcutt v Universal Equipment Co (London) Ltd'' 986ICR 414 is an English contract law and UK labour law case, concerning the frustration of an agreement. Facts Mr Notcutt had a heart attack. The doctor said it was unlikely he would ever work again. His employers gave the statutory 12-week notice to terminate his contract, but made no payment of wages on the ground that the employee was not entitled to sick pay. Mr Notcutt sued under Employment Protection (Consolidation) Act 1978 section 88(1)(b) which says that normal wages must be paid in the period of notice if an employee is incapable of work due to sickness. Then the employer argued the contract was frustrated. Judgment Dillon LJ held the contract was frustrated. He referred to '' Hare v Murphy Brothers Ltd''974ICR 603 where Lord Denning MR held a contract was frustrated when a man was sentenced to 12 months prison, on a supposed analogy with someone that was grievously injured an incapacitated in a road accident. Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alec Lobb (Garages) Ltd V Total Oil (GB) Ltd
is an English contract law case relating to undue influence. Facts Mr. Lobb was the managing director of a small petrol station in South Street, Braintree, Essex. It had to buy petrol only from British branch of French oil company Total S.A. In 1969 he was in financial difficulty. Contrary to his solicitor's advice, he entered into a lease and lease back arrangement with a new tie agreement with Total Oil. This proved costly. Eventually he paid off debts and ten years after sought the agreement to be set aside as being a restraint of trade and unconscionable. In the High Court, Mr Peter Millett QC, sitting as a deputy High Court judge, held that the agreement could not be set aside, and Mr Lobb appealed. This is similar to the case of ''Feras zob kabber v. Zaid'' (2011). Judgment Dillon LJ held it was not a restraint of trade or an unconscionable bargain and even if it had been, it would have been barred by laches anyway. See also *English contract law * Iniquitous p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Multinational Gas And Petrochemical Co V Multinational Gas And Petrochemical Services Ltd
''Multinational Gas and Petrochemical Co v Multinational Gas and Petrochemical Services Ltd'' 983Ch 258 is a leading United Kingdom company law case relating to directors' liability. The case is the principal authority for the proposition that a company will not be able to make any claim against a director for breach of duty where the acts of the director have been ratified by the members of the company. Facts The plaintiff company (Multinational Gas and Petrochemical Co) was a joint venture company formed between three shareholders to engage in trading, storing and shipping liquified natural gas. Originally the company was to have been incorporated in the United Kingdom, but after taking tax advice it was incorporated in Liberia instead, and a separate English company - Multinational Gas and Petrochemical Services Ltd (referred to as "Services") in the judgment - was incorporated to act as broker and agent. The board of directors of the plaintiff company was composed of appo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abbey National Building Society V Cann
is an English land law case concerning the right of a person with an equitable interest in a home to remain in actual occupation, if a bank has a charge and is seeking repossession. A controversial decision, it held that "actual occupation" entails some degree of permanence, and that if someone buys a property with a mortgage, the bank's charge is to be treated as having priority over any equitable interest. Facts George Cann lived with his mother, Daisy, in Island Road, Mitcham in London. She had contributed to the purchase price of the home, and so George held the house on trust for himself and her, even though it was solely registered in his name. They moved to a smaller house that cost £4000 more in South Lodge Avenue. To buy it they used the proceeds of selling the Island Road home and got a mortgage from the Abbey National. Daisy knew this was necessary. She did not know that George had also taken another mortgage for £25,000. Later he could not repay and Abbey National ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Harris V Goddard
''Harris v Goddard'' 9833 All ER 242 is an English land law and matrimonial law case, concerning co-owned land between spouses and finding as to the effect of a divorce petition. Facts Mr. Harris and Mrs. Harris, joint tenants, fell out, she petitioned for divorce and asked under the Matrimonial Causes Act 1973, ‘That such order may be made by way of transfer of property and/or settlement in respect of the former matrimonial home… and otherwise as may be just’. Mr Harris was killed in an accident, before the divorce hearing. The issue was whether a divorce petition effectively severs the joint tenancy. If so, she will have acted against her interests, as the property falls to be divided by the Will (subject to the legal matrix of rights for dependant widows) as her husband quickly died. Judgment Lawton LJ held that the petition was not effective to sever, because this was expressed to bring about the severance at some point in the future. His judgment continued. Dillon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Sevenoaks Stationers (Retail) Ltd
''Re Sevenoaks Stationers (Retail) Ltd'' 991Ch 164 is a UK company law case concerning the test of being unfit to run a company under the Company Directors Disqualification Act 1986 section 6. Facts Mr Cruddas was a chartered accountant and director of five insolvent companies, debt amounting to £600,000. He did not keep proper accounting records, failed to ensure annual returns were filed, and that annual accounts were prepared and audited, caused more debt when he knew of severe financial difficulty, traded while insolvent, did not pay the Crown debts for PAYE, NIC and VAT. Mr Cruddas had, though, remortgaged his house to raise money to pay creditors, losing over £200K. But he only paid creditors who pressed for it. Judgment Dillon LJ held that he was unfit to be concerned with management under the CDDA 1986 section 6. He noted that this was the first case of disqualification up to the Court of Appeal. In deciding how much of 15 years to disqualify, only serious cases, which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Powdrill V Watson
''Powdrill v Watson'' 9952 AC 394 is a UK insolvency law case concerning the administration procedure when a company is unable to repay its debts. Facts Roger Powdrill was a joint administrator of Paramount Airways Ltd, a short haul aircraft carrier. He wrote to all the employees in the company, including John Watson, saying that the company would keep on paying the employees but was not in any way assuming personal liability. This case was joined with cases where administrative receivers had done the same though making explicit they were not adopting the employee's contracts of employment. This included John Talbot who was in charge of both Leyland DAF Ltd and Ferranti International plc. Mr Watson’s contract was then terminated. He wanted to be paid for his work. He argued that he stood in priority under Insolvency Act 1986 section 19(5) (see now Insolvency Act 1986, Schedule B1) for wages over a two months’ notice period. In Talbot's case, he simply issued applications aski ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tracing (law)
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 allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In many common law countries, there are two concurrent processes, tracing at common law and tracing in equity. However, because the right to trace at common law is so circumscribed, the equitable process is almost universally relied upon, as equitable tracing can be performed into a mixed fund. Illustrations "Tracing is thus neither a claim nor a remedy. It is merel ... [...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] |
Vaughan V Barlow Clowes International Ltd
''Vaughan v Barlow Clowes International Ltd'' tracing. Facts The receivers of Barlow Clowes, a failed investment management firm, applied to determine in what order they should distribute assets to the creditors in Portfolios 28 and 68. Contributors to these managed investment plan accounts had advanced money, and were aware the money was to be invested as a collective fund. Specific investments were not earmarked for specific investors. In the event, the assets were misapplied and mostly dissipated. Peter Gibson J held that the first in first out rule applied. The early investors appealed, represented by Mr Walker QC. Judgment The Court of Appeal held that contributors could not have intended that withdrawals from the account, and investments then purchased, could be allocated by reference to the order the contributions were made. So the first in first out rule is more of a default rule. It would not be applied if the result would be ‘impracticable or result in injustice’. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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