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Pitt V Holt
''Futter v HM Revenue and Customs'' 013UKSC 26is an English trusts law case, concerning the fiduciary duty to take into account relevant factors, and disregard irrelevant factors. It held that trustees who act on professional advice do not breach this duty, and that even if they do, the failure to have proper regard to relevant matters only ever renders a transaction voidable. For a transaction to be wholly set aside, as in common mistake, a decision by a trustee must be based on a truly "basic" mistake. Facts Mrs Pitt's husband, Derek, suffered brain damage in a 1990 car accident, and became a patient under the Court of Protection. She was appointed to be his receiver under the Mental Health Act 1983. They were successful in getting damages for the accident, which were put into an annuity (although paid monthly) trust for his benefit. She settled the money as a discretionary trust, where both claimants and the first defendant were trustees. Neither she, nor advisers, considere ... [...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] |
Fiduciary Duty
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Mistake
In contract law, a mistake is an erroneous belief, ''at contracting'', that certain facts are true. It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ''ab initio'' or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common mistake'. The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding. The law of mistake in any given contract is governed by the law governing the contract. The law from country to country can differ significantly. For instance, contracts entered into under a relevant mistake have not been voidable in English law since ''Great Peace Shipping Ltd v Tsavliris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. History The Court of Protection evolved from the Office of the Master in Lunacy, which was renamed the Court of Protection in 1947. Its jurisdiction derived from both the Lunacy Act 1890 and De Prerogativa Regis of 1324, which gave the monarch authority over the property of 'idiots' and 'lunatics'. The Court of Protection was responsible for overseeing the management and administration of the estates of individuals who were unable to manage their own affairs, by reason of unsoundness of mind or infirmity. It was an office of the Senior Courts of England and Wales, later governed by the Mental Health Act 1983. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Health Act 1983
The Mental Health Act 1983 (c.20) is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the mental health law for the people in England and Wales. In particular, it provides the legislation by which people diagnosed with a mental disorder can be detained in a hospital or police custody and have their disorder assessed or treated against their wishes, informally known as "sectioning". Its use is reviewed and regulated by the Care Quality Commission. The Act was significantly amended by the Mental Health Act 2007. A white paper proposing changes to the act was published in 2021 following an independent review of the act by Simon Wessely. History The Madhouses Act 1774 created a Commission of the Royal College of Physicians with powers to grant licences to premises housing "lunatics" in London; justices of the peace were given thes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inheritance Tax
An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. International tax law distinguishes between an estate tax and an inheritance tax—an estate tax is assessed on the assets of the deceased, while an inheritance tax is assessed on the legacies received by the estate's beneficiaries. However, this distinction is not always observed; for example, the UK's "inheritance tax" is a tax on the assets of the deceased, and strictly speaking is therefore an estate tax. For historical reasons, the term death duty is still used colloquially (though not legally) in the UK and some Commonwealth countries. For political, statutory and other reasons, the term death tax is sometimes used to refer to estate tax in the United States. Varieties of inheritance and estate taxes * Belgium, droits de succession or erfbelasting (Inheritance tax). Collected at t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Capital Gains Tax
A capital gains tax (CGT) is the tax on profits realized on the sale of a non-inventory asset. The most common capital gains are realized from the sale of stocks, Bond (finance), bonds, precious metals, real estate, and property. Not all countries impose a capital gains tax and most have different rates of taxation for individuals versus corporations. Countries that do not impose a capital gains tax include Bahrain, Barbados, Belize, Cayman Islands, Isle of Man, Jamaica, New Zealand, Sri Lanka, Singapore, and others. In some countries, such as New Zealand and Singapore, professional traders and those who trade frequently are taxed on such profits as a business income. In Sweden, the Investment Savings Account (ISK – ''Investeringssparkonto'') was introduced in 2012 in response to a decision by Parliament to stimulate saving in funds and equities. There is no tax on capital gains in ISKs; instead, the saver pays an annual standard low rate of tax. Fund savers nowadays mainly ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Re Hastings-Bass
IN, In or in may refer to: Places * India (country code IN) * Indiana, United States (postal code IN) * Ingolstadt, Germany (license plate code IN) * In, Russia, a town in the Jewish Autonomous Oblast Businesses and organizations * Independent Network, a UK-based political association * Indiana Northeastern Railroad (Association of American Railroads reporting mark) * Indian Navy, a part of the India military * Infantry, the branch of a military force that fights on foot * IN Groupe , the producer of French official documents * MAT Macedonian Airlines (IATA designator IN) * Nam Air (IATA designator IN) Science and technology * .in, the internet top-level domain of India * Inch (in), a unit of length * Indium, symbol In, a chemical element * Intelligent Network, a telecommunication network standard * Intra-nasal ( insufflation), a method of administrating some medications and vaccines * Integrase, a retroviral enzyme Other uses * ''In'' (album), by the Outsider ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mettoy Pension Trustees Ltd V Evans
Mettoy (an abbreviation of "Metal Toy") was a British manufacturing company founded in 1933 by German émigré Philip Ullmann, who was later joined by South African-born German Arthur Katz who had previously worked for Ullmann at his toy company Tipp and Co of Nuremberg. The firm made a variety of lithographed metal wind-up toys. Both Jewish, they moved to Britain following Hitler's rise to power in 1933. The firm is most famous for the line of die-cast toy motor vehicles produced by its Corgi Toys branch, created in 1956. In the same year Mettoy merged with the Playcraft model railway and slot car company. The company was sold in 1984, with the assets of the company transferred to independent company Corgi Classics, but it folded shortly afterward. History Ullman and Katz set up their toy-manufacturing business in Stimpson Avenue, between Abington Avenue and Wellingborough Road in Northampton, with their company registered on 31 August 1932. They initially produced very ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sieff V Fox
Sieff is a surname. Notable people with the surname include: *Adam Sieff (born 1954), Communications Director at Dune Music, and a former Sony Music Director of Jazz * Israel Sieff, Baron Sieff (1889–1972), British businessman *Jeanloup Sieff Jeanloup Sieff (November 30, 1933 – September 20, 2000) was a French photographer. He was born in Paris to Polish parents. He was a photography student of Gertrude Fehr. He is famous for his portraits of politicians, famous artists, landscapes, ... (1933–2000), fashion photographer * Joseph Sieff (1906–1982), businessman and British Zionist * Marcus Sieff, Baron Sieff of Brimpton OBE (1913–2001), Jewish British businessman, chairman of Marks & Spencer from 1972 to 1982 {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morgan V Ashcroft
Morgan may refer to: People and fictional characters * Morgan (given name), including a list of people and fictional characters * Morgan le Fay, a powerful witch in Arthurian legend * Morgan (surname), a surname of Welsh origin * Morgan (singer), Italian musician Marco Castoldi (born 1972) * Moken, also spelled "Morgan", a seafaring ethnic group in the Andaman Sea Places United States * Morgan, Georgia * Morgan, Iowa * Morgan, Minnesota * Morgan, Missouri * Morgan, Montana * Morgan, New Jersey * Morgan, Oregon * Morgan, Pennsylvania * Morgan, Texas * Morgan, Utah * Morgan, Vermont * Morgan, West Virginia * Morgan, Wisconsin, a town * Morgan, Oconto County, Wisconsin, an unincorporated community * Morgan, Shawano County, Wisconsin, an unincorporated community * Morgan Mountain, Tehama County, California * Mount Morgan (Inyo County, California) * Mount Morgan (Mono County, California) * Mount Morgan (Montana) * Morgan Farm Area, Texas Elsewhere * Mount Morgan (Anta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ogilvie V Littleboy
Ogilvie is a surname of Scottish origin. It may also refer to: People *Ogilvie (name) Places Australia * Ogilvie, Western Australia Canada * Ogilvie, Nova Scotia * Ogilvie Aerodrome, Yukon * Ogilvie Mountains, a mountain range in Yukon Scotland * Ogilvie, Angus near Glamis United States * Ogilvie, Minnesota * Ogilvie Transportation Center, a commuter-rail terminal in Chicago, Illinois Education * John Ogilvie High School, Hamilton, Scotland * Ogilvie High School, Hobart, Tasmania * Ogilvie Institute, Catholic college in Aberdeen, Scotland Other * Ogilvie syndrome, a medical condition * Surname of a minor character in Dashiell Hammett's ''The Main Death'' See also *Ogilvy (other) The name Ogilvy may refer to: *Ogilvy (name) *Clan Ogilvy *Ogilvy (department store), in Montreal, Canada *Ogilvy (agency), an advertising agency, formerly known as Ogilvy & Mather *Ogilvy Renault, Canadian law firm *Ogilvy's, defunct department s ... {{disambiguation, geo, surname Sur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
