Ministry Of Health V Simpson
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Ministry Of Health V Simpson
''Re Diplock'' or ''Ministry of Health v Simpson'' 951AC 251 is an English trusts law and unjust enrichment case, concerning tracing and an action for money had and received. Facts Various charities, including the Royal Sailors Orphans Girls’ School and Home and Dr Barnardo’s Homes had wrongly been paid money by personal representatives under Mr Caleb Diplock’s will, which left £263,000. The representatives mistakenly believed a clause in the will was valid. Some money went to be used to improve and repair other property. But the trust was held to be invalid in a decision of the House of Lords, called '' Chichester Diocesian Fund and Board of Finance Incorporated v Simpson''. The next of kin, including Cornelius Simpson, claimed that the money should be repaid by the recipients. Judgment Court of Appeal The Court of Appeal rejected the claimant’s claim for a charge over newly built buildings. It allowed a claim for equitable tracing in the mixed funds held by the char ...
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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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English Unjust Enrichment
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unju ...
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Dr Barnardo’s Homes
Barnardo's is a British charity founded by Thomas John Barnardo in 1866, to care for vulnerable children. As of 2013, it raised and spent around £200 million each year running around 900 local services, aimed at helping these same groups. It is the UK's largest children's charity, in terms of charitable expenditure. Its headquarters are in Barkingside in the London Borough of Redbridge. History The National Incorporated Association for the Reclamation of Destitute Waif Children otherwise known as Dr. Barnardo's Homes was founded by Thomas Barnardo, who opened a school in the East End of London to care for and educate children of the area left orphaned and destitute by a recent cholera outbreak. In 1870 he founded a boys' orphanage at 18 Stepney Causeway, London, 18 Stepney Causeway and later opened a girls' home. By the time of his death in 1905, Barnardo's institutions cared for over 8,500 children in 96 locations. His work was carried on by his many supporters under th ...
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Chichester Diocesian Fund And Board Of Finance Incorporated V Simpson
Chichester () is a City status in the United Kingdom, cathedral city and civil parish in West Sussex, England.OS Explorer map 120: Chichester, South Harting and Selsey Scale: 1:25 000. Publisher:Ordnance Survey – Southampton B2 edition. Publishing Date:2009. It is the only city in West Sussex and is its county town. It was a Ancient Rome, Roman and Anglo-Saxon settlement and a major market town from those times through Norman dynasty, Norman and medieval times to the present day. It is the seat of the Church of England Diocese of Chichester, with a 12th-century cathedral. The city has two main watercourses: the Chichester Canal and the River Lavant, West Sussex, River Lavant. The Lavant, a Winterbourne (stream), winterbourne, runs to the south of the city walls; it is hidden mostly in culverts when close to the city centre. History Roman period There is no recorded evidence that the city that became Chichester was a settlement of any size before the coming of the Roman p ...
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FIFO And LIFO Accounting
FIFO and LIFO accounting are methods used in managing inventory and financial matters involving the amount of money a company has to have tied up within inventory of produced goods, raw materials, parts, components, or feedstocks. They are used to manage assumptions of costs related to inventory, stock repurchases (if purchased at different prices), and various other accounting purposes. The following equation is useful when determining inventory costing methods: : \text + \text = : \text + \text FIFO "FIFO" stands for ''first-in, first-out'', meaning that the oldest inventory items are recorded as sold first (but this does not necessarily mean that the exact oldest physical object has been tracked and sold). In other words, the cost associated with the inventory that was purchased first is the cost expensed first. A company might use the LIFO method for accounting purposes, even if it uses FIFO for inventory management purposes (i.e., for the actual storage, shelving, an ...
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Wilfred Greene, 1st Baron Greene
Wilfrid Arthur Greene, 1st Baron Greene,First name spelt Wilfred in some sources (30 December 1883 – 16 April 1952) was a British lawyer and judge, noted for creating two crucial principles of administrative law, the Wednesbury doctrine and the Carltona doctrine. Early life, education and military service Greene was born in Beckenham, Kent, son of Arthur Werguelin Greene, a solicitor, and his wife Katherine Agnes Fooke. He was educated at Westminster School; he was one of the first Roman Catholic pupils to be admitted to the School. He graduated from Christ Church, Oxford in 1906 with a BA; he had the reputation of being "a formidable scholar". He was admitted to Inner Temple in 1908 entitled to practice as a Barrister-at-Law. He graduated from Christ Church, Oxford in 1912 with an Oxbridge MA. He gained the rank of captain in the service of the 2/1st Battalion, Oxfordshire and Buckinghamshire Light Infantry. He fought in the First World War between 1914 and 1918. He was ...
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Frederic John Wrottesley
Sir Frederic John Wrottesley (20 March 1880 – 14 November 1948) was a British lawyer and judge. Wrottesley was educated at Tonbridge School and Lincoln College, Oxford, where he read Mods and Greats. He was called to the bar by the Inner Temple in 1907, and practised at the parliamentary bar. During World War I, he served with the Royal Field Artillery, reaching the rank of major and being mentioned in despatches. He took silk in 1926 and became Recorder of Wolverhampton in 1930. He was appointed to the King's Bench Division of the High Court in 1937, receiving the customary knighthood the same year. In 1947 he was made a Lord Justice of Appeal and appointed to the Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ..., but was forced to retire in 1948 for health rea ...
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Gavin Simonds, 1st Viscount Simonds
Gavin Turnbull Simonds, 1st Viscount Simonds, (28 November 1881 – 28 June 1971) was a British judge, politician and Lord High Chancellor of Great Britain. Background and education Simonds was born in Reading, Berkshire, the son of Louis DeLuze Simonds and his wife, Mary Elizabeth Turnbull. They were members of a well-known Berkshire family of brewing magnates (see H & G Simonds Ltd). He was educated at Winchester College (where he was later a Fellow, and Warden from 1946 to 1951) and at New College, Oxford. Legal and political career Simonds was called to the bar in 1906, and appointed a King's Counsel in 1924. He was elected a Bencher of Lincoln's Inn in 1929 and was Treasurer from 1951. He served as a Judge of the Chancery Division of the High Court of Justice between 1937, when he was knighted, and 1944. In the latter year he was appointed a Lord of Appeal in Ordinary, sworn of the Privy Council and created a life peer as Baron Simonds, of Sparsholt in the County of Southam ...
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Ignorantia Juris Neminem Excusat
In law, (Latin for "ignorance of the law excuses not"),''Black's Law Dictionary'', 5th Edition, pg. 672 or ("ignorance of law excuses no one"),''Black's Law Dictionary'', 5th Edition, pg. 673 is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: ("nobody is thought to be ignorant of the law") or ("not knowing the law is harmful"). Explanation The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within the jurisdiction no matter how transiently. Even though it would be i ...
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Wilfrid Normand, Baron Normand
Wilfrid Guild Normand, Baron Normand, (1884 – 5 October 1962), was a Scottish Unionist Party politician and judge. He was a Scottish law officer at various stages between 1929 and 1935, and a member of parliament (MP) from 1931 to 1935. He was Lord President of the Court of Session from 1935 until he became a Law Lord in 1947. Life Normand was educated at Fettes College, Edinburgh, Oriel College, Oxford, Paris University and the University of Edinburgh. He was admitted as an advocate on 18 March 1910, the same day as the David King Murray, who also became Solicitor General and a Senator of the College of Justice. He served in the Royal Engineers from 1915 to 1918. He became a King's Counsel in 1925. He unsuccessfully contested Edinburgh West at the 1929 general election, but won the seat at the 1931 general election. until his resignation in 1935, causing a by-election which was won by Thomas Cooper. He served briefly as Solicitor General for Scotland in 1929 (from ...
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Geoffrey Lawrence, 1st Baron Oaksey
Geoffrey Lawrence, 3rd Baron Trevethin, 1st Baron Oaksey, (2 December 1880 – 28 August 1971) was the main British judge during the Nuremberg trials after World War II, Second World War, and President of the Judicial group. Biography The Lawrence family came from Builth Wells in Radnorshire. Lawrence was born in London, England on 2 December 1880. Geoffrey Lawrence was the youngest son of Alfred Tristram Lawrence, 1st Baron Trevethin, Lord Trevethin, briefly Lord Chief Justice of England and Wales, Lord Chief Justice of England in 1921–22. He attended Haileybury and Imperial Service College, Haileybury (where Clement Attlee was his junior) and New College, Oxford, New College, University of Oxford, Oxford. Lawrence was called to the Bar by the Inner Temple in 1906, and later joined the chambers of Robert Finlay, 1st Viscount Finlay, Sir Robert Finlay. The chambers specialised in taking appellate cases to the highest courts—the House of Lords for domestic cases, and the Ju ...
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Fergus Morton, Baron Morton Of Henryton
Fergus Dunlop Morton, Baron Morton of Henryton, MC, PC (17 October 1887 – 18 July 1973) was a British barrister and judge who was a Lord of Appeal in Ordinary from 1947 to 1959. The son of a Scottish stockbroker, Morton was educated in Scotland and England, before being called to the English bar. After serving with the British Army in the First World War, during which he won the Military Cross, he developed a successful Chancery practice. He was appointed to the High Court in 1938, promoted to the Court of Appeal in 1944, and to the House of Lords in 1947, retiring from judicial service in 1959. Background and education Born in Glasgow, Morton was the youngest child of George Morton and Janet, ''née'' Wilson.Dod (1954), p. 168 His father, from a farming family, left school aged thirteen and acquired a considerable fortune as a stockbroker. He was educated at Kelvinside Academy and then went to St John's College, Cambridge with an open scholarship in classics. Morton narr ...
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