Paul V Constance
   HOME
*





Paul V Constance
/ 9771 W.L.R. 527 is an English trust law case. It sets out what will be sufficient to establish that someone has intended to create a trust, the first of the "three certainties". It is necessary that a settlor's "words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest." Facts Mr Constance's marriage broke down, and he moved in with Ms Paul. After a workplace accident he received £950 in damages, and following discussions with a bank manager, paid it into a new joint account. They were unmarried, so the account was just put in Mr Constance's sole name. He said repeatedly, ‘the money is as much yours as mine’. They paid in joint bingo winnings too, and they made a £150 withdrawal, which they split. But 13 months later, Mr Constance died without a will. Ms Paul claimed the account was hers. Mrs Constance reappeared and claimed the money was hers. Judgment The Court of Appeal held that the parties' words an ...
[...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]  


Leslie Scarman, Baron Scarman
Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the border of Sussex and Surrey. He won scholarships to Radley College and then Brasenose College, Oxford, where he read Classics, graduating in 1932 with a First. Legal career He was called to the bar at the Middle Temple in 1936. He remained briefless until World War II, which he spent in the Royal Air Force as a staff officer in England, North Africa, and then continental Europe. He was present with Arthur Tedder when Alfred Jodl surrendered at Reims. He was appointed an Officer of the Order of the British Empire (OBE) in 1944. He returned to law in 1945, practising from chambers at 2, Crown Office Row, known since the 1970s as Fountain Court Chambers, and in the late 1940s and early 1950s he started to build the chambers' reputation for commer ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


David Arnold Scott Cairns
Sir David Arnold Scott Cairns (5 March 1902 – 8 September 1987), was a British judge and Liberal Party (UK), Liberal Party politician. Background Cairns was a son of David Cairns JP, a Freeman of Sunderland and Sarah Scott Cairns. He was educated at Sunderland College, Bede Grammar School for Boys, Sunderland and Pembroke College, Cambridge. In 1932 he married Irene Cathery Phillips. They had one son and two daughters. He was knighted in 1955. He was made a member of the Privy Council in 1970. Political career He was Liberal candidate for the Epsom (UK Parliament constituency), Epsom division of Surrey at the 1947 Epsom by-election. He did not stand for parliament again. However, the following year he was elected to Leatherhead Urban District Council. He served for two three-year terms. He was also actively involved inside the Liberal Party on policy development. From 1948-49 he was Chairman of the Liberal Party Commission on Trade Unions. From 1951-53 he was a memb ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




Nigel Bridge, Baron Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War bro ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Jones V Lock
''Jones v Lock'' (1865) 1 Ch App 25 is an English trusts law case, concerning the formality for creating a gift, and the possibility that if the gift were not properly completed with the required legal form, a trust could be found. The Court of Appeal in Chancery held that equity would not "perfect an imperfect gift" by creating a trust, if the proper formality for the gift had not been completed. Facts A father returned from a business trip without a gift for his son. When the family told him off, he put a £900 cheque in the baby’s hand, and said The wife said the baby might tear it, and the father said, ‘it is his own, and he may do what he likes with it’. He locked it in the safe and died six days later. It was argued that although there was never an outright transfer, because he had not actually endorsed the cheque by signing it, there was no trust of the cheque for the baby. Judgment The Court of Appeal in Chancery held that there was no trust, because the father ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Richards V Delbridge
Richards may refer to: *Richards (surname) In places: * Richards, New South Wales, Australia * Richards, Missouri, United States * Richards, Texas, United States In other uses: * Richards (lunar crater) Richards is a small lunar impact crater that is located in the northern interior of the walled plain Mendeleev, on the far side of the Moon. It lies about half-way between the craters Bergman to the west-southwest and Fischer to the east, both ...
, on the Moon {{disambiguation, geo ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Paradise Motor Co Ltd
In religion, paradise is a place of exceptional happiness and delight. Paradisiacal notions are often laden with pastoral imagery, and may be cosmogonical or eschatological or both, often compared to the miseries of human civilization: in paradise there is only peace, prosperity, and happiness. Paradise is a place of contentment, a land of luxury and fulfillment. Paradise is often described as a "higher place", the holiest place, in contrast to this world, or underworlds such as Hell. In eschatological contexts, paradise is imagined as an abode of the virtuous dead. In Christianity and Islam, Heaven is a paradisiacal relief. In old Egyptian beliefs, the underworld is Aaru, the reed-fields of ideal hunting and fishing grounds where the dead lived after judgment. For the Celts, it was the Fortunate Isle of Mag Mell. For the classical Greeks, the Elysian fields was a paradisiacal land of plenty where the heroic and righteous dead hoped to spend eternity. In Buddhism, pa ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

English Trust 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 f ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


Settlor
In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator. The settlor may also be the trustee of the trust (where he declares that he holds his own property on trusts) or a third party may be the trustee (where he transfers the property to the trustee on trusts). In the common law of England and Wales, it has been held, controversially, that where a trustee declares an intention to transfer trust property to a trust of which he is one of several trustees, that is a valid settlement notwithstanding the property is not vested in the other trustees. Capacity to be a trustee is generally co-extensive with the ability to hold and dispose of a legal or beneficial interest in property. In practice, special considerations arise only with respect to minors and ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  


picture info

Bingo (Commonwealth)
Bingo is a game of probability in which players mark off numbers on cards as the numbers are drawn randomly by a caller, the winner being the first person to mark off all their numbers. Bingo, also previously known in the UK as Housey-Housey, became increasingly popular across the UK following the Betting and Gaming Act 1960 with more purpose-built bingo halls opened every year until 2005. Since 2005, bingo halls have seen a marked decline in revenues and the closure of many halls. The number of bingo clubs in Britain has dropped from nearly 600 in 2005 to under 400 as of January 2014. These closures are blamed on high taxes, the smoking ban, and the rise in online gambling, amongst other things. Bingo played in the UK (90-ball bingo) is not to be confused with bingo played in the US ( 75-ball bingo), as the tickets and the calling are slightly different. In Quebec, this game is called Kinzo. In India, it is known as Tambola. History The game itself, not originally called bi ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]  




George Jessel (jurist)
Sir George Jessel, (13 February 1824 – 21 March 1883) was a British judge. He was one of the most influential commercial law and equity judges of his time, and served as the Master of the Rolls. He was the first Jew to be a regular member of the Privy Council and to hold high judicial office. Early life and education Born in Savile Row, London, Jessel was the son of Zadok Aaron Jessel, a Jewish merchant, and his wife Mary, ''née'' Harris. He was educated at Mr Neumegen's School for Jews at Kew, and being prevented by religious disabilities from proceeding to the University of Oxford or Cambridge, went to University College London, matriculating in 1840. He entered Lincoln's Inn as a student in 1842, and a year later took his BA at the University of London, becoming MA and gold medallist in mathematics and natural philosophy in 1844. In 1846 he was elected a fellow of University College, London. He entered Lincoln's Inn in 1842 as a student and was called to the bar in 1 ...
[...More Info...]      
[...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]