Butt V Kelson
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Butt V Kelson
''Butt v Kelson'' 952Ch 197 is a UK company law and English trusts law case concerning the right of a beneficiary to direct its trustees to exercise votes on company shares that the trust possesses. Facts Ms Kelson was one of three directors of a company called Weston-super-Mare Residential Flats Ltd. She and the other directors were also the trustees of the will of a Mr Robert Butt, which possessed 22,100 out of the 22,852 ordinary shares in the company. They had used the shares to appoint themselves as directors. After Mr Robert Henry Butt died, his son Mr Robert Arthur Butt, who was entitled to a large proportion of the residuary estate was dissatisfied at how the company was being run. He wanted to inspect all the documents which came into the directors' possession, and claimed to be able to do so by virtue of his large beneficial interest. Judgment Romer LJ held that if Mr Arthur Butt wished to see the company documents, made a proper case for it, and was not met by any o ...
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UK Company Law
The United Kingdom company law regulates corporations formed under the Companies Act 2006. Also governed by the Insolvency Act 1986, the UK Corporate Governance Code, European Union Directives and court cases, the company is the primary legal vehicle to organise and run business. Tracing their modern history to the late Industrial Revolution, public companies now employ more people and generate more of wealth in the United Kingdom economy than any other form of organisation. The United Kingdom was the first country to draft modern corporation statutes, where through a simple registration procedure any investors could incorporate, limit liability to their commercial creditors in the event of business insolvency, and where management was delegated to a centralised board of directors. An influential model within Europe, the Commonwealth and as an international standard setter, UK law has always given people broad freedom to design the internal company rules, so long as the mandato ...
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Schmidt V Rosewood Trust Ltd
is a judicial decision concerning the information rights of a beneficiary under a discretionary trust. Although the judgment involved a question as to the law of the Isle of Man (rather than English law, strictly speaking), the Privy Council's judgment in ''Schmidt v Rosewood'' was adopted into English law by Briggs J (as his Lordship then was) in . Facts Mr Vadim Schmidt sought disclosure of accounts and information in relation to two trusts set up by his father, who had died intestate. Rosewood Trustee Ltd was the trustee of the two relevant trusts, having assumed that office from Lorne House Trust Ltd (the original trustee). Mr Schmidt had a discretionary interest under the settlement and sought disclosure in his capacity as a beneficiary as well as in his capacity as the administrator of his father's estate. The defendant trustee argued that Schmidt was not entitled to disclosure of the trust documents because he did not have a proprietary interest under the trust (being ...
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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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United Kingdom Company Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Bradshaw V Orpen
Bradshaw may refer to: Places ;Canada * Bradshaw, Lambton County, Ontario ;United Kingdom *Bradshaw, Calderdale, West Yorkshire * Bradshaw, Kirklees, West Yorkshire, a location * Bradshaw, Greater Manchester * Bradshaw, Staffordshire, a location *Bradshaw Brook, a river in Northern England ;United States * Bradshaw Mountains, a mountain range in Arizona **Bradshaw Mountain Railroad, a railroad in Arizona **Bradshaw Mountain High School, school in Arizona * Bradshaw Trail, an overland stage route in Southern California *Bradshaw, Maryland *Bradshaw, Nebraska * Bradshaw, Virginia * Bradshaw, Logan County, West Virginia * Bradshaw, McDowell County, West Virginia ;Elsewhere *Bradshaw Field Training Area, Australian army training ground *Bradshaw Station, a pastoral lease in the Northern Territory of Australia *Bradshaw Sound, a fiord in New Zealand *Mount Bradshaw, a mountain peak in Antarctica *Port Bradshaw Peninsula, alternative name for Yalangbara Peninsula, Yalangbara, North ...
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Re Whichelow (George)
Re or RE may refer to: Geography * Re, Norway, a former municipality in Vestfold county, Norway * Re, Vestland, a village in Gloppen municipality, Vestland county, Norway * Re, Piedmont, an Italian municipality * Île de Ré, an island off the west coast of France ** Le Bois-Plage-en-Ré, a commune on that island * Re di Anfo, a torrent (seasonal stream) in Italy * Re di Gianico, Re di Niardo, Re di Sellero, and Re di Tredenus, torrents in the Val Camonica * Réunion (ISO 3166-1 code), a French overseas department and island in the Indian Ocean Music * Re, the second syllable of the scale in solfège ** Re, or D (musical note), the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the United States Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * ''Re.'' (Aya Ueto album) * ''Re:'' (Kard EP) Other media * Resident Evil, popular video game franchise of survival horror * ''...Re'' (film), a ...
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In Re Cowin
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal ( insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsiders ...
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Tempest V Lord Camoys
Tempest is a synonym for a storm. '' The Tempest'' is a play by William Shakespeare. Tempest or The Tempest may also refer to: Arts and entertainment Films * ''The Tempest'' (1908 film), a British silent film * ''The Tempest'' (1911 film), an American silent film * ''Tempest'' (1928 film), a John Barrymore film * ''The Tempest'' (1935 film), a Chinese film of the 1930s * ''Tempest'' (1958 film), an Alberto Lattuada film * ''The Tempest'' (1960 film), an American television film * ''The Tempest'' (1963 film), an Australian television film * ''The Tempest'' (1979 film), a film by Derek Jarman * ''Tempest'' (1982 film), a Paul Mazursky film * ''The Tempest'' (2010 film), a Julie Taymor film * ''Tempest'' (2015 film), an animated short film * ''The Tempest'', a 1980 instalment of '' BBC Television Shakespeare'' directed by John Gorrie * ''The Tempest'', a 1998 made-for-TV film by Jack Bender * ''Tempest'', a 2012 film by Rob Curry and Anthony Fletcher Literature * ''T ...
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Kirby V Wilkins
''Kirby v Wilkins'' 929Ch 444 is a UK company law and English trusts law case involving the duties owed by a nominee of shares to the beneficiary. It determines that a beneficiary, if absolutely entitled, can instruct a bare nominee how to deal with the shares. Pending any instructions about voting from the beneficial owner, the registered holder can vote shares in the beneficiary's interest. Facts Mr Kirby was one of four people which sold a business to Derby Paper Staining Ltd. Unfortunately, the price was miscalculated and the company overpaid. It had paid by giving £16,000 worth of its shares to the four. The four decided, voluntarily and not because of any right of the company arising from misrepresentations, to give the company back £3,000 worth of shares. But then Mr Kirby argued, against the chairman, Mr Wilkins, that the shares were held on trust for the individual shareholders, and so he could not vote at any meeting on the shares. Mr Wilkins argued that the shares wou ...
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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 ...
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Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ...
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