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Nestle V National Westminster Bank Plc
''Nestle v National Westminster Bank plc'' 992EWCA Civ 12is an English trusts law case concerning the duty of care when a trustee is making an investment. Facts A testator died in 1922 and named his widow, two sons and wives and one grandchild as the beneficiaries. The wife got the family home as a life interest and a tax free Life annuity, annuity. The two sons got annuities between age 21 and 25 and life interests in half the trust with a power to appoint income to their wives and Georgina, the grandchild, got the remainder. In 1922 there was £53,963 and in 1986 when Georgina became entitled, there was £269,203. She claimed that had the fund been invested properly it would have been worth well over £1m. The trust company had failed to conduct periodic reviews of investments. They invested in tax-exempt gilts because the sons were domiciled abroad, meaning exemption from inheritance tax. Judgment High Court Hoffmann J (as he then was) held that there was no breach of the du ... [...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] |
Jeffrey N Gordon
Jeffrey may refer to: * Jeffrey (name), including a list of people with the name * ''Jeffrey'' (1995 film), a 1995 film by Paul Rudnick, based on Rudnick's play of the same name * ''Jeffrey'' (2016 film), a 2016 Dominican Republic documentary film *Jeffrey's, Newfoundland and Labrador, Canada *Jeffrey City, Wyoming, United States *Jeffrey Street, Sydney, Australia * Jeffrey's sketch, a sketch on American TV show ''Saturday Night Live'' *'' Nurse Jeffrey'', a spin-off miniseries from the American medical drama series ''House, MD'' *Jeffreys Bay, Western Cape, South Africa People with the surname * Alexander Jeffrey (1806–1874), Scottish solicitor and historian * Charles Jeffrey (footballer) (died 1915), Scottish footballer * E. C. Jeffrey (1866–1952), Canadian-American botanist *Grant Jeffrey (1948–2012), Canadian writer *Hester C. Jeffrey (1842–1934), American activist, suffragist and community organizer *Richard Jeffrey (1926–2002), American philosopher, logician, and pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
TA 2000
The Trustee Act 2000c 29 is an Act of the Parliament of the United Kingdom that regulates the duties of trustees in English trust law. Reform in these areas had been advised as early as 1982, and finally came about through the Trustee Bill 2000, based on the Law Commission's 1999 report "Trustees' Powers and Duties", which was introduced to the House of Lords in January 2000. The bill received the Royal Assent on 23 November 2000 and came into force on 1 February 2001 through the Trustee Act 2000 (Commencement) Order 2001, a Statutory Instrument, with the Act having effect over England and Wales. The Act covers five areas of trust law: the duty of care imposed upon trustees, trustees' power of investment, the power to appoint nominees and agents, the power to acquire land, and the power to receive remuneration for work done as a trustee. It sets a new duty of care, both objective and standard, massively extends the trustees' power of investment and limits the trustees' liability ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Associated Provincial Picture Houses V Wednesbury Corporation
''Associated Provincial Picture Houses Ltd. v Wednesbury Corporation'' 9481 KB 223 is an English law case that sets out the standard of unreasonableness of public-body decisions that would make them liable to be quashed on judicial review, known as ''Wednesbury'' unreasonableness. The court gave three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in ''Council of Civil Service Unions v Minister for the Civil Service'' by Lord Diplock: Facts In 1947 Associated Provincial Picture Houses was granted a licence by the Wednesbury Corporation in Staffordshire to operate a cinema on condition that no children under 15, whether accompanied by an adult or not, were admitted on Sundays. Under the Cinematograph Act 1909, cinemas could be open from Mondays to Saturdays but not on Sundays, and under a Regulation, the commanding officer of military forces stationed in a neig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Staughton LJ
Sir Christopher Stephen Thomas Jonathan Thayer Staughton, PC (24 May 1933 – 15 October 2014) was an English barrister and judge, who sat as a justice of the High Court of Justice, Court of Appeal of England and Wales and President of the Court of Appeal of Gibraltar. Biography He was educated at Eton College and Magdalene College, Cambridge, where he graduated with first-class honours in law in 1956. Staughton specialised in commercial law, most notably appearing in ''Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd''. He served as a Recorder in the Crown Court between being appointed to the High Court of Justice in 1981. In 1987 he was appointed to the Court of Appeal of England and Wales, where he sat until 1997. From 2005 to 2006, he served as the 6th President of the Court of Appeal of Gibraltar. Staughton died at Sarratt, Hertfordshire on 15 October 2014, aged 81. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cotton LJ
Sir Henry Cotton (20 May 1821 – 22 February 1892) was a British judge. He was a Lord Justice of Appeal from 1877, when he was made a Privy Counsellor, until his retirement in 1890. Early life He was born in Leytonstone. His father William Cotton later became Governor of the Bank of England. His brother William Charles Cotton was a clergyman and beekeeper. His sister Sarah married Sir Henry Acland, who founded Acland Hospital in her memory. He attended Eton College, and later Christ Church, Oxford, where he was a student until 1852. He graduated B.A. in 1843. Career He entered Lincoln's Inn in 1843 and was called to the bar in 1846. He quickly acquired a large practice in the equity courts, and through the influence of his father was appointed standing counsel to the Bank of England. In 1866, he took silk and attached himself to the court of Vice-chancellor (Sir) Richard Malins, where he shared the leadership with Mr. W. B. Glasse. Among the important cases i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Whiteley
is an English trusts law case, concerning the duty of care owed by a trustee when exercising the power of investment. Facts Elizabeth Whiteley and her children sued the executors of Benjamin Whiteley's will (of 19 March 1874). The will contained a power to invest the fund on certain investments, including “real securities in England or Wales.” £5000 of the trust money had been lost. £3000 was invested in a mortgage at 5% return in the freehold of a ten-acre brick field near Pontefract, “with the engine-house, sheds, brick and pipe kilns, and buildings thereon, and all fixtures and fittings thereon.” £2000 was invested on mortgages at 5% in four small freehold houses, including a shop, in Salford, Greater Manchester, Salford, Lancashire. The brickfield owners went bankrupt in October 1884 and the owner of the four houses filed for petition for liquidation. There was insufficient money to pay the trust fund. Judgments Chancery Court James Bacon (judge), Bacon VC held i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lindley LJ
Nathaniel Lindley, Baron Lindley, (29 November 1828 – 9 December 1921) was an English judge. Early life He was the second son of the botanist Dr. John Lindley, born at Acton Green, London. From his mother's side, he was descended from Sir Edward Coke. He was educated at University College School, and studied for a time at University College London, and the University of Edinburgh and University of Cambridge in 1898 and achieved Doctor of Civil Law in University of Oxford in 1903. Legal career He was called to the bar at the Middle Temple in 1850, and began practice in the Court of Chancery. In 1855 he published ''An Introduction to the Study of Jurisprudence'', consisting of a translation of the general part of Thibaut's ''System des Pandekten Rechts'', with copious notes. In 1860 he published in two volumes his ''Treatise on the Law of Partnership, including its Application to Joint Stock and other Companies'', and in 1862 a supplement including the Companies Act 1862. This ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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