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Brinks Ltd V Abu-Saleh (No 3)
''Brinks Ltd v Abu-Saleh (No 3)'' 996CLC 133 is an English trusts law case, concerning breach of trust and liability for dishonest assistance. It established an apparently high threshold for liability for dishonest assistance. Facts Mrs Elcombe’s husband, Mr Elcombe, laundered the proceeds of a gold bullion theft, by driving to Switzerland with cash hidden in the car, sometimes with her there with him. She thought her husband was probably avoiding taxes but did not realize that she was assisting in a breach of trust. Brinks Ltd argued that she had dishonestly assisted in the breach of trust. Judgment Rimer J held that Mrs Elcombe had not assisted her husband, because her accompaniment was merely ‘in the capacity’ as his wife rather than providing cover for money laundering. She may have made it a more pleasant experience but it was not ‘assistance of a nature sufficient to make her an accessory to the breach of trust.’ It was not enough to be dishonest about one thing ... [...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] |
Dishonest Assistance
Dishonest assistance, or knowing assistance, is a type of third party liability under English trust law. It is usually seen as one of two liabilities established in ''Barnes v Addy,'' the other one being knowing receipt. To be liable for dishonest assistance, there must be a breach of trust (law), trust or fiduciary duty by someone other than the defendant, the defendant must have helped that person in the breach, and the defendant must have a dishonest state of mind. The liability itself is well established, but the mental element of dishonesty is subject to considerable controversy which sprang from the House of Lords case ''Twinsectra Ltd v Yardley''. History It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in ''Barnes v Addy'': As can be seen, the judgment laid down two heads of liability: one based on receipt of trust property (knowing receipt) and the other on assisting with knowledge in a dishonest and fraudulent design ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gold Bullion
A gold bar, also called gold bullion or gold ingot, is a quantity of refined metallic gold of any shape that is made by a bar producer meeting standard conditions of manufacture, labeling, and record keeping. Larger gold bars that are produced by pouring the molten metal into molds are called ingots. Smaller bars may be manufactured by minting or stamping from appropriately rolled gold sheets. The standard gold bar held as gold reserves by central banks and traded among bullion dealers is the Good Delivery gold bar. The kilobar, which is in mass, and a 100 troy ounce gold bar are the bars that are more manageable and are used extensively for trading and investment. The premium on these bars when traded is very low over the spot value of the gold, making it ideal for small transfers between banks and traders. Most kilobars are flat, although some investors, particularly in Europe, prefer the brick shape. Types Based upon how they are manufactured, gold bars are categorized as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel, St. Gallen a.o.). , coordinates = , largest_city = Zürich , official_languages = , englishmotto = "One for all, all for one" , religion_year = 2020 , religion_ref = , religion = , demonym = , german: Schweizer/Schweizerin, french: Suisse/Suissesse, it, svizzero/svizzera or , rm, Svizzer/Svizra , government_type = Federalism, Federal assembly-independent Directorial system, directorial republic with elements of a direct democracy , leader_title1 = Federal Council (Switzerland), Federal Council , leader_name1 = , leader_title2 = , leader_name2 = Walter Thurnherr , legislature = Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Report
In medicine, a case report is a detailed report of the symptoms, signs, diagnosis, treatment, and follow-up of an individual patient. Case reports may contain a demographic profile of the patient, but usually describe an unusual or novel occurrence. Some case reports also contain a literature review of other reported cases. Case reports are professional narratives that provide feedback on clinical practice guidelines and offer a framework for early signals of effectiveness, adverse events, and cost. They can be shared for medical, scientific, or educational purposes. Types Most case reports are on one of six topics: * An unexpected association between diseases or symptoms. * An unexpected event in the course of observing or treating a patient. * Findings that shed new light on the possible pathogenesis of a disease or an adverse effect. * Unique or rare features of a disease. * Unique therapeutic approaches. * A positional or quantitative variation of the anatomical structures. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rimer J
Sir Colin Percy Farquharson Rimer (born 30 January 1944) is a former judge of the English Court of Appeal; he retired in 2014. Education He was educated at Dulwich College from 1954 to 1962 and at Trinity Hall, Cambridge. Legal career Rimer was called to the bar (Lincoln’s Inn) in 1968 and made a Bencher in 1994. He was appointed a Queen's Counsel in 1988. He was appointed a Justice of the High Court on 3 October 1994 and was assigned to the Chancery Division. On 1 October 2007, he became a Lord Justice of Appeal, on the retirement of Robin Auld. He retired on 7 October 2014. Cases *''Hunter v Moss'' 9941 WLR 452 (overturned on reasoning) *''Gencor ACP Ltd v Dalby'' 0002 BCLC 734 *'' Sinclair Investment Holdings SA v Versailles Trade Finance (No. 3)'' 007EWHC 915 *''Consistent Group Ltd v Kalwak'' 008EWCA Civ 430(reversed by ''Autoclenz Ltd v Belcher'' 011UKSC 41) *''Moore Stephens v Stone Rolls Ltd'' [2008] EWCA Civ 644 *''Chartbrook Ltd v Persimmon Homes Ltd'' [2008 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barlow Clowes Ltd V Eurotrust Ltd
''Barlow Clowes International Ltd v Eurotrust International Ltd'' 005UKPC 37is an English trusts law case, concerning breach of trust and liability for dishonest assistance. Facts Barlow Clowes International Ltd was in liquidation, after its fraudulent securities scheme was exposed. It took £140m of investors’ money, and paid it into an Isle of Man company where Mr Henwood was a director. The liquidator of Barlow Clowes argued that Mr Henwood had dishonestly assisted the dissipation of the investors’ money. The deemster (judge on the Isle of Man) held that Mr Henwood was dishonest. The Court of Appeal held that Mr Henwood was not dishonest, and there was no evidence by which the deemster could have found this. Her disbelief at Mr Henwood’s oral testimony and her inferences were not enough. Advice Lord Hoffmann held Mr Henwood was liable, and the deemster had correctly applied the principles of liability for dishonest assistance. She had stated that Mr Henwood suspected ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
