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Bristol And West Building Society V Mothew
''Bristol and West Building Society v Mothew'' professional_negligence_case,_concerning_a_solicitor's_duty_of_care_and_skill,_and_the_nature_of_fiduciary_duties._The_case_is_globally_cited_for_its_definition_of_a_fiduciary_and_the_circumstances_in_which_a_fiduciary_relationship_arises. _Facts Mr_Mothew_was_a_solicitor_who_had_acted_for_both_borrower_and_lender_in_a_ 996EWCA_Civ_533is_a_leading_English_fiduciary_law_and_Professional_negligence_in_English_law">professional_negligence_case,_concerning_a_solicitor's_duty_of_care_and_skill,_and_the_nature_of_fiduciary_duties._The_case_is_globally_cited_for_its_definition_of_a_fiduciary_and_the_circumstances_in_which_a_fiduciary_relationship_arises. _Facts Mr_Mothew_was_a_solicitor_who_had_acted_for_both_borrower_and_lender_in_a_Mortgage_loan">mortgage_transaction_relating_to_the_purchase_of_a_residential_property._It_was_alleged_that_he_Negligence.html" ;"title="Mortgage_loan.html" "title="fiduciary law">996EWCA Civ 533is a leading Eng ...
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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 ...
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Mary Southin
Mary Frances Southin (born 1931) is a retired Canadian judge. She was the first woman to become a Queen's Counsel in British Columbia, to be elected a Bencher of the Law Society of British Columbia, and to be a head of a law society in the Commonwealth. She was a Justice of the British Columbia Court of Appeal from 1988 to 2006. Biography Legal and political career Born in Vancouver, British Columbia, Southin graduated from the University of British Columbia Faculty of Law in 1952 and was called to the bar in British Columbia in 1953. She practiced in Vancouver at the firm of Shulman, Foulkes and Tupper, with a broad litigation practice. She was appointed a Queen's Counsel in 1969, the first woman so appointed in British Columbia. She ran for the Progressive Conservative Party of Canada in the 1963 Canadian federal election in Coast—Capilano and in the 1965 Canadian federal election in Vancouver South, losing both times. A self-described "red Tory", she was also a member of ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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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 ...
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English Tort 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 * Engli ...
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P Birks
Peter Brian Herrenden Birks (3 October 1941 – 6 July 2004) was the Regius Professor of Civil Law at the University of Oxford from 1989 until his death. He also became a Fellow of the British Academy in 1989, and an honorary Queen's counsel in 1995. He was a Fellow of All Souls College, Oxford. He is widely credited as having sparked academic enthusiasm for the English law of Restitution, and is often considered to have been one of the greatest English legal scholars of the 20th century. In his obituary, he was described as "a key figure in the extraordinary development of the law of restitution in the last 45 years". Career Birks was educated at Chislehurst and Sidcup Grammar School, went up to Trinity College, Oxford and subsequently obtained a master of laws from University College London. Birks was also the first general editor of ''English Private Law'', a book which sought to summarise and rationalise the entire scope of English private law, in accordance with Birks' ...
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Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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Nocton V Lord Ashburton
''Nocton v Lord Ashburton'' 914AC 932 is a leading English tort law case concerning professional negligence and the conditions under which a person will be taken to have assumed responsibility for the welfare of another. It confirmed it extended to unequivocal professional advice. Facts Lord Ashburton bought a property for £60,000 on Church Street, Kensington, London. His solicitor was Nocton who advised him to seek the release (lease or sell) part of the house (which was also security for a mortgage). This was a bad idea, because as Nocton in fact knew, this meant that the security would become insufficient. Lord Ashburton alleged the advice was not given in good faith, but rather in Mr Nocton's self-interest. Judgment Viscount Haldane LC for whole judicial committee held that despite '' Derry v Peek'' (which had disallowed any claim for misstatements apart from in the tort of deceit), Nocton was liable for his bad advice given the fiduciary relationship between the solicitor ...
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Richard Haldane, 1st Viscount Haldane
Richard Burdon Haldane, 1st Viscount Haldane, (; 30 July 1856 – 19 August 1928) was a British lawyer and philosopher and an influential Liberal and later Labour politician. He was Secretary of State for War between 1905 and 1912 during which time the "Haldane Reforms" of the British Army were implemented. As an intellectual he was fascinated with German thought. That led to his role in seeking detente with Germany in 1912 in the Haldane Mission. The mission was a failure and tensions with Berlin forced London to work more closely with Paris. Raised to the peerage as Viscount Haldane in 1911, he was Lord Chancellor between 1912 and 1915, when he was forced to resign because of false allegations of German sympathies. He later joined the Labour Party and once again served as Lord Chancellor in 1924 in the first Labour administration. Apart from his legal and political careers, Haldane was also an influential writer on philosophy, in recognition of which he was elected a Fell ...
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Permanent Building Society V
Permanent may refer to: Art and entertainment * ''Permanent'' (film), a 2017 American film * ''Permanent'' (Joy Division album) * "Permanent" (song), by David Cook Other uses * Permanent (mathematics), a concept in linear algebra * Permanent (cycling event) * Permanent wave, a hairstyling process See also * Permanence (other) *'' Permanently'', a 2000 album by Mark Wills * Endless (other) * Eternal (other) * Forever (other) *Impermanence Impermanence, also known as the philosophical problem of change, is a philosophical concept addressed in a variety of religions and philosophies. In Eastern philosophy it is notable for its role in the Buddhist three marks of existence. It ...
, Buddhist concept * {{disambiguation ...
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Lord Browne-Wilkinson
Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. Life and career Browne-Wilkinson was the sixth child and only son of the Rev Canon Arthur Browne-Wilkinson, MC, and of Mary Abraham, daughter of Charles Abraham, Bishop of Derby. He was educated at Lancing and at Magdalen College, Oxford, where he took a First in Jurisprudence in 1952. He was called to the Bar at Lincoln's Inn in 1953 and took silk in 1972. He was a judge of the Court of Appeal of Jersey and of Guernsey from 1976 to 1977. In 1977, Browne-Wilkinson was appointed a Justice of the High Court of Justice and assigned to the Chancery division, receiving the customary knighthood. He was promoted as a Lord Justice of Appeal in 1983, and was of sworn of the Privy Council. From 1985 to 1991 he was Vice-Chancellor, the ''de fac ...
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