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Landmark Cases In Equity
{{italic title ''Landmark Cases in Equity'' (2012) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English trusts law and equity. Content The cases discussed are, *'' The Earl of Oxford's Case'' (1615) David Ibbetson *'' Coke v Fountaine'' (1676) Mike Macnair *'' Grey v Grey'' (1677) Jamie Glister *''Penn v Lord Baltimore'' (1750) Paul Mitchell *'' Burgess v Wheate'' (1759) Paul Matthews *'' Morice v Bishop of Durham'' (1805) Joshua Getzler *''Tulk v Moxhay'' (1848) Ben McFarlane *''Prince Albert v Strange'' (1849) Lionel Bently *''Ramsden v Dyson'' (1866) Nick Piska *'' Bishop of Natal v Gladstone'' (1866) Charlotte Smith *'' Earl of Aylesford v Morris'' (1873) Catharine MacMillan *''Re Hallett's Estate'' (1879–80) Graham Virgo *'' North-West Transportation Co Ltd v Beatty'' (1887) Lionel Smith *''Rochefoucauld v Boustead'' (1897) Ying Khai Liew *'' Re Earl of Sefton'' (1898) Chantal Stebbings *''Nocton v Lord Ashburton'' (19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Mitchell (academic)
Charles Christopher James Mitchell KC ( Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies. Career Mitchell completed his PhD at University College London and was supervised by Peter Birks. Until 2008 he worked at King's College London, before spending a year as Professor of Property Law at Jesus College, Oxford. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graham Virgo
Graham John Virgo is an English legal academic, barrister and university administrator. He is Senior Pro-Vice-Chancellor and Professor of English Private Law at the University of Cambridge. Frequently cited in the English courts and those of other common law jurisdictions, he is known for his contributions to the law of restitution and the teaching of law. Education Virgo completed his secondary education at a comprehensive school in the Midlands. In 1983, he applied to read law at Downing College, Cambridge, where he was interviewed by Charles Harpum, John Hopkins, and David Lloyd Jones. Later, Hopkins suggested that Virgo consider Coward Chance (which in 1987 merged with Clifford Turner to form Clifford Chance) as a firm to work for. Virgo graduated from Downing College, Cambridge in 1987 with first-class honours. The following year, he graduated at the top of his class from Christ Church, Oxford with a first-class honours BCL degree, and winning the Vinerian Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restitution In English Law
The English law of Restitution is the law of gain-based recovery. Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a ''gain'' acquired by another, rather than compensation for a ''loss''. Framework Many academic commentators have sought to impose structure upon the law of restitution by searching for a common rationale and constructing taxonomies of the various types of claim. Whether such frameworks can account for the diverse range of restitutionary claims remains a controversial question. The implications of such frameworks for the relationship between law and Equity has often been a significant flashpoint in academic and judicial debate. As the law currently stands, the law of restitution can be usefully divided into (at least) three broad categories: * Restitution for unjust enrichment * Restitution for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Landmark Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paragon Finance Plc V DB Thakerar & Co (a Firm)
Paragon may refer to: Places *Paragon, Indiana, a town in the United States *Paragon, Nebraska, former community in the United States *The Paragon, Bath, a Georgian street in the Walcot area of Bath * The Paragon, Blackheath, London, built by Michael Searles *The Paragon, Singapore, a shopping mall *Siam Paragon, a shopping complex in Bangkok, Thailand *McLaren Technology Centre, formerly called the Paragon Technology Centre *Hull Paragon Interchange, a railway station and transportation complex in Kingston upon Hull, England *Paragon International School (Cambodia), a private school in Phnom Penh, Cambodia *Paragon International University, a private university in Phnom Penh, Cambodia Companies *Paragon China, a British manufacturer of bone china *Paragon Gaming, an American casino company *Paragon Group of Companies, a British mortgage lender *Paragon Software, a video game company founded in 1987 *Paragon Software Group, a software company founded in 1994 *Paragon Space Devel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gissing V Gissing
''Gissing v Gissing'' 970UKHL 3is an English land law and English trust law">trust law case dealing with constructive trusts arising in relationships between married couple. It may no longer represent good law, since the decisions of ''Stack v Dowden'' and ''Jones v Kernott''. Facts Mr and Mrs Gissing were married in 1935, their early 20s. They had a son in 1939 while living in a flat in Tulse Hill. She worked as a printer (where she stayed as a secretary till 1957). He got a job with the same firm after the war, and they bought 28 Tubbenden Drive as a matrimonial home in 1951 for £2695, £2150 from a mortgage in Mr Gissing’s name, and conveyed into Mr Gissing’s sole name. Mrs Gissing spent £220 of her own money on buying furniture and the laying of the lawn. Mr Gissing always paid the mortgage instalments, but left to live with another woman in 1961. She claimed he told her then the house was hers. She succeeded in 1966 in getting a divorce on grounds of his adultery, with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pettitt V Pettitt
''Pettitt v Pettitt'' 970AC 777 is a leading English trusts law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home. Facts In Pettitt, the wife had used her own money to buy a house during the marriage, meaning the title to the house had been in the wife's name, and both she and her husband resided therein until the wife left the husband. The husband claimed that he had carried out a considerable number of improvements to the house and garden. These improvements consisted of internal decoration work, building a wardrobe, laying a lawn and constructing an ornamental wall and a side wall in the garden. By virtue of these efforts the husband sought a beneficial interest in the proceeds of sale of the property. Judgment In the course of his judgment, Lord Diplock said, "It would, in my view, be an abuse of the legal technique for ascertaining or imputing intention to apply to transactions between the post-war generation of marr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boardman V Phipps
''Boardman v Phipps'' 966UKHL 2is a landmark English trusts law case concerning the duty of loyalty and the duty to avoid conflicts of interest. Facts Tom Boardman, Baron Boardman, Mr Tom Boardman was the solicitor of a family trust.See the case report at 9672 AC 46 The trust assets include a 27% holding in a company (a textile company with factories in Coventry, Nuneaton and in Australia through a subsidiary). Boardman was concerned about the accounts of the company, and thought that to protect the trust a majority shareholding is required. He and a beneficiary, Tom Phipps, went to a shareholders' general meeting of the company. They realised together that they could turn the company around. They suggested to a trustee (Mr Fox) that it would be desirable to acquire a majority shareholding, but Fox said it was completely out of the question for the trustees to do so. With the knowledge of the trustees, Boardman and Phipps decided to purchase the shares themselves. They bought a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Provincial Bank Ltd V Ainsworth
''National Provincial Bank Ltd v Ainsworth'' 965is an English land law and family law case, concerning the quality of a person's interest in a home when people live together, as well as licenses in land. The House of Lords, the court of final appeal, held that someone living in a home, who was deserted, did not by that fact alone have an interest in equity. Lord Wilberforce offered a definition of property rights, however this level of the decision was compromised, and forms heavily amended principles of law, as the concept of the constructive trust was developed further.See '' Jones v Kernott'' and later case law More widely approved has been its principles of the overturned decision in the court below: the judgment of Denning LJ (noting the concurrence by Donovan LJ) some of which were cited with approval in the House of Lords in this case also. Facts Mr and Mrs Ainsworth lived in Milward Road, Hastings, Sussex and had four children. Mr Ainsworth was the registered owner, bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Anti-Vivisection Society V Inland Revenue Commissioners
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900-1924 * National Supermarkets, a defunct American grocery store chain * National String Instrument Corporation, a guitar company formed to manufacture the first resonator gui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regal (Hastings) Ltd V Gulliver
, is a leading case in UK company law regarding the rule against directors and officers from taking personal advantage of a corporate opportunity in violation of their duty of loyalty to the company. The Court held that a director is in breach of his duties if he takes advantage of an opportunity that the corporation would otherwise be interested in but was unable to take advantage. However the breach could have been resolved by ratification by the shareholders, which those involved neglected to do. Facts Regal owned a cinema in Hastings. They took out leases on two more, through a new subsidiary, to make the whole lot an attractive sale package. However, the landlord first wanted them to give personal guarantees. They did not want to do that. Instead the landlord said they could up share capital to £5,000. Regal itself put in £2,000, but could not afford more (though it could have got a loan). Four directors each put in £500, the Chairman, Mr Gulliver, got outside subscribers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
