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Geary V Rankine
is an English land law case, concerning constructive trusts A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enri ..., and the establishment of a beneficial interest in an enterprise between a business owner and his or her lover and co-worker. It specifically concerned a case where the latter person received no formal wages and had entered no formal ownership nor partnership agreement nor directly or indirectly contributed in money to the purchase price. Facts Mrs Geary and Mr Rankine had been in a relationship since 1990. In 1996, Rankine purchased a guest house with his own savings. The parties had not intended to live in the property or run it themselves; instead having it run by a manager. Difficulties with the manager led Rankine to run the business himself. He realised that he co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kim Lewison
Sir Kim Martin Jordan Lewison, PC (born 1 May 1952) is a Lord Justice of Appeal. He is a graduate of Downing College, Cambridge, where he is an honorary Fellow. Early life and education Lewison was born on 1 May 1952 to Anthony Frederick Lewison and Dinora Lewison (née Pines). He was educated at St Paul's School, an all-boys independent school in London. He studied at Downing College, Cambridge. Legal career Lewison was called to the bar ( Lincoln's Inn) in 1975 and has been a Bencher since 2003. He became a Queen's Counsel in 1991. He was appointed an Assistant Recorder in 1994 and a Recorder in 1997. In 2000, he was appointed a Deputy High Court Judge. He was appointed to the High Court of Justice on 29 April 2003 and assigned to the Chancery Division, receiving the customary knighthood. The following year, he was appointed to the Competition Appeal Tribunal The Competition Appeal Tribunal (CAT) of the United Kingdom was created by Section 12 and Schedule 2 to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Terence Etherton
Terence Michael Elkan Barnet Etherton, Baron Etherton, (born 21 June 1951) is a British retired judge and member of the House of Lords. He was the Master of the Rolls and Head of Civil Justice from 2016 to 2021 and Chancellor of the High Court from 2013 to 2016. Early life Etherton attended Holmewood House School and St Paul's School, and studied history and law at Corpus Christi College, Cambridge. He was a member of the British fencing team (sabre) from 1977 to 1980 and was selected to compete at the 1980 Summer Olympics in Moscow, but joined the boycott in protest against the 1979 Soviet invasion of Afghanistan. Legal career Etherton was called to the bar (Gray's Inn) in 1974 and became a Queen's Counsel in 1990. He was appointed a High Court judge on 11 January 2001 and assigned to the Chancery Division, receiving the customary knighthood. In August 2006, he was appointed Chairman of the Law Commission, the statutory independent body created by the Law Commissions Act 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Thorpe
Sir Mathew Alexander Thorpe (born 30 July 1938) is a retired Lord Justice of Appeal, who served as one of the judges of the Court of Appeal of England and Wales from 1995 to 2013. Education Thorpe was educated at Stowe School and Balliol College, Oxford. Legal career Thorpe was called to the bar (Inner Temple) in 1961 and was appointed a Queen's Counsel in 1980. He was appointed a Recorder in 1982. He was appointed a High Court judge on 11 April 1988, assigned to the Family Division, and received the customary knighthood. He was appointed a Lord Justice of Appeal on 2 October 1995. Thorpe was appointed Deputy Head of Family Justice and Head of International Justice in January 2005. He retired on 31 July 2013 Jurisprudence He has presided over a number of important cases which have influenced the evolution of family law. He is regarded as a traditionalist in respect of parenting role but as a reactionary by his detractors. 1. Roles of men and women ''Re: S (Children) 002EWCA ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trusts
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselves ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jones V Kernott
''Jones v Kernott'' 011UKSC 53is a decision by the UK Supreme Court concerning the beneficial entitlement to a co-owned family home under a constructive trust. The court ruled there was a 90:10 split of ownership in favour of the main child-caring partner who contributed 80% of the equity to the home in which she lived. The non-resident partner had also ceased to pay bills and maintenance for the children for a considerable time. Facts Ms Jones and Mr Kernott met in 1980. In 1981 Ms Jones bought a caravan with the help of a bank loan, and in 1984 Mr Kernott moved into the caravan with her upon the birth of their first child. In May 1985 Ms Jones sold her caravan, and the parties bought 39 Badger Hall Avenue, Thundersley in Essex, for £30,000. Ms Jones contributed £6,000, and the balance was raised by an interest-only mortgage. The house was conveyed into their joint names. From this point on they shared payment of the household bills and the mortgage. In 1986 the couple's seco ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxley V Hiscock
is a widely-reported English land law and family law case, concerning cohabitants' constructive trusts and their quantification in a home's equity value. Facts Mrs Elayne Oxley had been living, renting in public housing in Page Close, Bean, near Dartford and under the Housing Act 1985 before leaving had lived there long enough to have the statutory right to buy. She quit the tenancy losing this valuable right, which on her own the court found she likely in a few years would have exercised. Instead she formed a new home with Mr Allan Hiscock, a First Iraq War soldier who had been captured in September 1987 at 35 Dickens Close. She paid 28%, he paid 48% of £25,200, a mortgage the balance. They both contributed to household expenditure, improvements, maintenance and paying off the mortgage. The parties fell out. Oxley claimed 50% of the proceeds. Hiscock claimed 22% to her would be appropriate taking into account also improvements he had made. At trial in the Bromley County Court, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stack V Dowden
''Stack v Dowden'' 007UKHL 17is a leading English property law case from the House of Lords case concerning the division of interests in family property after the breakdown of a cohabitation relationship. Facts Mr Stack, a self-employed builder and decorator and then employee of Hammersmith and Fulham LBC, and Ms Dowden, an electrical engineer with the London Electricity Board, had cohabited for almost 18 years and had four children from 1986 to 1991. They then bought a house in 1993 at 114 Chatsworth Road, Willesden Green, London. The property was registered in both their names, but they had not said what their respective shares were on the Land Registry Form. Usually this meant a presumption that they would share equally in the home. However, the purchase was funded by selling a house that was in Ms Dowden’s sole name, her savings and a joint loan, so she had given 65% of the purchase price. Mr Stack had kept his finances separate, but was living in the previous house since ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2012 In United Kingdom Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit (measurement), unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest Positive number, positive integer. It is also sometimes considered the first of the sequence (mathematics), infinite sequence of natural numbers, followed by 2, although by other definitions 1 is the second natural number, following 0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
