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Barlow Clowes International Ltd V Eurotrust International 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 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice (Isle Of Man)
The High Court of Justice of the Isle of Man is governed by the High Court Act 1991. There are four permanent judges of the High Court: *the First Deemster and Clerk of the Rolls *the Second Deemster *a full-time additional deemster *the Judge of Appeal The First Deemster is President of the High Court and has responsibility for the distribution of the work of the High Court. The Judge of Appeal, a part-time appointment, can only sit in the Appeal Division. Unless the parties otherwise consent, the quorum of the Appeal Division is at least two judges of the High Court. A deemster may not sit on an appeal from his own judgment or order. At present, there is a panel of acting deemsters, who may be called upon to assist in the discharge of the business of the High Court. History The High Court of Justice of the Isle of Man came into existence on 1 January 1884. It merged the former Courts of Chancery, Court of Exchequer, Court of the Staff of Government, Court of Common Law an ... [...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] |
Barlow Clowes
Barlow Clowes International Ltd was a British company, whose fraud and collapse caused an accounting scandal in 1988. The collapse led to a number of important cases for English trusts law and UK company law, including ''Barlow Clowes International Ltd v Vaughan'' and ''Barlow Clowes International Ltd v Eurotrust International Ltd''. History Around 18,000 customers invested their money with Barlow Clowes on the recommendation of intermediaries. The company was established as a 'bond-washing' operation, in which gilt-edged Government bonds were purchased and sold in order to create tax advantages. Investors believed that their money had been invested risk-free. However, much of the money was diverted to fund the extravagant lifestyle of the company's co-founder, Peter Clowes. After increasing concern about the operations of Barlow Clowes, the Department of Trade and Industry launched an investigation. On the strength of the evidence uncovered, Barlow Clowes was wound up by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deemster
A Deemster ( gv, briw) is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal. The deemsters also promulgate the Laws on Tynwald Day by reading out brief summaries of them in English and Manx. In the past, the First and Second Deemsters had ex officio seats in the Legislative Council of the Isle of Man. The Second Deemster was removed from the council in 1965 and the First Deemster in 1975. There are currently (2017) three full-time Deemsters. These are the First Deemster and Clerk of the Rolls (who is also the Deputy Governor), the Second Deemster, and an additional full-time Deemster. The offices of First Deemster, Second Deemster and Clerk of the Rolls are ancient offices. The offices of First Deemster and Clerk of the Rolls were combined in 1918, and a new office of Deputy Deemster was created in 2002 but abolished in 2009. Additional ... [...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] |
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] |
Brian Hutton, Baron Hutton
James Brian Edward Hutton, Baron Hutton, PC QC (29 June 1932 – 14 July 2020) was a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary. Background Hutton was born in Belfast in 1932, the son of a railways executive. He won a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to become a barrister (after study at Queen's University Belfast), being called to the Bar of Northern Ireland in 1954. He began working as junior counsel to the Attorney General for Northern Ireland in 1969. He became a Queen's Counsel in 1970. From 1979 to 1989, he was (as Sir Brian Hutton) a High Court judge. In 1989, he became Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary 6 January 1997. He was consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down. Judge ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Twinsectra Ltd V Yardley
is a leading case in English trusts law. It provides authoritative rulings in the areas of ''Quistclose'' trusts and dishonest assistance. Facts Twinsectra Ltd sued an entrepreneur, Mr Yardley, and two solicitors, Mr Sims and Mr Paul Leach (of Godalming), for failing to repay a £1m loan. Twinsectra Ltd had given £1m to Mr Sims to pass onto Mr Yardley as a loan for buying real estate near Apperley Bridge, Bradford. Twinsectra Ltd had said it would only give the loan if someone guaranteed Mr Yardley's repayment. Mr Yardley's solicitor, Mr Leach, refused to give the guarantee, but Mr Sims accepted. Mr Sims had owed £1.5m to Mr Yardley from previous dealings. They agreed that if Mr Sims took the loan into his account first, the prior debts would be considered repaid. Mr Sims promised Twinsectra Ltd to not release the money unless the loan conditions were satisfied. The clause read as follows. However, Mr Sims then gave the money to Mr Yardley’s solicitor anyway (Mr Leach), w ... [...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] |
Judicial Committee Of The Privy Council Cases On Appeal From The Isle Of Man
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2005 In The Isle Of Man
5 (five) is a number, numeral and digit. It is the natural number, and cardinal number, following 4 and preceding 6, and is a prime number. It has attained significance throughout history in part because typical humans have five digits on each hand. In mathematics 5 is the third smallest prime number, and the second super-prime. It is the first safe prime, the first good prime, the first balanced prime, and the first of three known Wilson primes. Five is the second Fermat prime and the third Mersenne prime exponent, as well as the third Catalan number, and the third Sophie Germain prime. Notably, 5 is equal to the sum of the ''only'' consecutive primes, 2 + 3, and is the only number that is part of more than one pair of twin primes, ( 3, 5) and (5, 7). It is also a sexy prime with the fifth prime number and first prime repunit, 11. Five is the third factorial prime, an alternating factorial, and an Eisenstein prime with no imaginary part and real part of the form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
