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Royal Brunei Airlines V Tan
is an English trusts law case, concerning breach of trust and liability for dishonest assistance. Facts Royal Brunei Airlines appointed Borneo Leisure Travel Sdn Bhd to be its agent for booking passenger flights and cargo transport around Sabah and Sarawak. Mr Tan was Borneo Leisure Travel's managing director and main shareholder. It was receiving money for Royal Brunei, which was agreed to be held on trust in a separate account until passed over. But Borneo Leisure Travel, with Mr Tan's knowledge and assistance, paid money into its current account and used it for its own business. Borneo Leisure travel failed to pay on time, the contract was terminated, and it went insolvent. Royal Brunei claimed the money back from Mr Tan.See the headnote of the Appeal Cases report, at 995UKPC 4 [19952 AC 378 The Judge held Mr Tan was liable as a constructive trustee to Royal Brunei. The Court of Appeal of Brunei Darussalam held that the company was not guilty of fraud or dishonesty, and so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of Brunei
The politics of Brunei take place in a framework of an absolute monarchy, whereby the Sultan of Brunei is both head of state and head of government ( Prime Minister of Brunei). Executive power is exercised by the government. Brunei has a legislative council with 36 appointed members, that hold consultative powers only. Political power Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. The country has been under martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore. Executive branch The Sultan is the head of state and head of government in Brunei. He exercises absolute powers and full executive authority under the framework of the 1959 Constitution. The Sultan is advised by and presides over fi ... [...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] |
Dishonest Assistance
Dishonest assistance, or knowing assistance, is a type of third party liability under English trust law. It is usually seen as one of two liabilities established in ''Barnes v Addy,'' the other one being knowing receipt. To be liable for dishonest assistance, there must be a breach of trust (law), trust or fiduciary duty by someone other than the defendant, the defendant must have helped that person in the breach, and the defendant must have a dishonest state of mind. The liability itself is well established, but the mental element of dishonesty is subject to considerable controversy which sprang from the House of Lords case ''Twinsectra Ltd v Yardley''. History It is a common belief that dishonest or knowing assistance originates from Lord Selbourne's judgment in ''Barnes v Addy'': As can be seen, the judgment laid down two heads of liability: one based on receipt of trust property (knowing receipt) and the other on assisting with knowledge in a dishonest and fraudulent design ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Brunei Airlines
Royal Brunei Airlines Sdn Bhd (RB) ( ms, Penerbangan DiRaja Brunei, Jawi: ) is the national flag carrier airline of Brunei Darussalam, headquartered in the RB Campus in Bandar Seri Begawan. It is wholly owned by the Government of Brunei Darussalam. Its hub is Brunei International Airport in Berakas, just to the north of Bandar Seri Begawan, the capital of Brunei Darussalam. Formed in 1974, with an initial fleet of two Boeing 737-200 aircraft, serving Singapore, Hong Kong, Kota Kinabalu, and Kuching, Royal Brunei Airlines now operates to 32 destinations in south-east Asia, the Middle East, Europe, and Oceania. Its fleet and type numbers increased progressively in the 1990s. History Pre-independence Royal Brunei Airlines was established (as merely Royal Brunei) on 18 November 1974 with two, then new Boeing 737-200s. The airline's maiden voyage was on 14 May 1975 from the then newly built Brunei International Airport to Singapore. Flights to the then British colony of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sabah
Sabah () is a States and federal territories of Malaysia, state of Malaysia located in northern Borneo, in the region of East Malaysia. Sabah borders the Malaysian state of Sarawak to the southwest and the North Kalimantan province of Indonesia to the south. The Federal Territory (Malaysia), Federal Territory of Labuan is an island just off Sabah's west coast. Kota Kinabalu is the state capital city, the economic centre of the state, and the seat of the Government of Sabah, Sabah state government. Other major towns in Sabah include Sandakan and Tawau. The 2020 census recorded a population of 3,418,785 in the state. It has an equatorial climate with tropical rainforests, abundant with animal and plant species. The state has long mountain ranges on the west side which forms part of the Crocker Range National Park. Kinabatangan River, the second longest river in Malaysia runs through Sabah. The highest point of Sabah, Mount Kinabalu is also the highest point of Malaysia. The ear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sarawak
Sarawak (; ) is a States and federal territories of Malaysia, state of Malaysia. The largest among the 13 states, with an area almost equal to that of Peninsular Malaysia, Sarawak is located in northwest Borneo Island, and is bordered by the Malaysian state of Sabah to the northeast, Kalimantan (the Indonesian portion of Borneo) to the south, and Brunei in the north. The capital city, Kuching, is the largest city in Sarawak, the economic centre of the state, and the seat of the Sarawak state government. Other cities and towns in Sarawak include Miri, Malaysia, Miri, Sibu, and Bintulu. As of 2021, the population of Sarawak was estimated to be around 2.45 million. Sarawak has an equatorial climate with tropical rainforests and abundant animal and plant species. It has several prominent cave systems at Gunung Mulu National Park. Rajang River is the longest river in Malaysia; Bakun Dam, one of the largest dams in Southeast Asia, is located on one of its tributaries, the Balui River ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Nicholls
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge (England and Wales), High Court judge on 30 September 1983, receiving the customary Knight Bachelor, knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council of the United Kingdom, Privy Council. He became Chancellor of the High Court, Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ghosh
''R v Ghosh'' 982EWCA Crim 2is an English criminal law case setting out a test for dishonesty">dishonest conduct which was relevant as to many offences worded as doing an act dishonestly, such as deception, as Theft Act 1968, theft,Theft Act 1968 as mainstream types of Fraud Act 2006, fraud,Fraud Act 2006 and as Social Security Administration Act 1992, benefits fraud. The test has been revised to an objective test, with rare exceptions, by the Supreme Court of the United Kingdom, Supreme Court in ''Ivey v Genting Casinos'' [2017UKSC 67 Facts Dr Ghosh was a surgeon. He was convicted of four offences under the Theft Act 1968 sections 20(2) and 15(1). During his work as a locum surgeon he was paid one set of extra wages and attempted three times to obtain such wages by claiming variously: for work that others had carried out and for work reimburseable to him via the National Health Service. The jury found him guilty. He appealed on the basis that the trial judge had told the jury ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Johan Steyn, Baron Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John May (judge)
Sir John Douglas May, PC (28 June 1923 – 15 January 1997) was a British Court of Appeal judge appointed by the British Government to investigate the miscarriages of justice related to the Maguire Seven and other miscarriages linked to IRA bombing offences. Life and career May was educated at Clifton College and Balliol College, Oxford, where he was a Scholar. During World War II, he served with the Royal Naval Volunteer Reserve. He was called to the bar by the Inner Temple in 1947 and took silk in 1965. He was appointed to the High Court and assigned to the Queen's Bench Division in 1972, receiving the customary knighthood. In 1982, he was made a Lord Justice of Appeal and made a Privy Counsellor, serving until 1989. Maguire Seven inquiry On 20 October 1989 following the quashing of the Guildford Four convictions, May was appointed to chair an inquiry into both that case and the related case of the Maguire Seven. On 12 July 1990, the Home Secretary David Waddington p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lumley V Gye
''Lumley v. Gye'' 853EWHC QB J73is a foundational English tort law case, heard in 1853, in the field of economic tort. It held that one may claim damages from a third person who interferes in the performance of a contract by another. Arising out of the same facts is also ''Lumley v Wagner'', where Mr Lumley successfully secured an injunction from Ms Wagner against performing for Mr Gye further. Facts The singer Johanna Wagner was engaged by Benjamin Lumley to sing exclusively at Her Majesty's Theatre for three months. Frederick Gye, who ran Covent Garden Theatre, induced her to break her contract with Mr. Lumley by promising to pay her more. Although an injunction was issued to prevent her singing at Covent Garden, Gye persuaded her to disregard it. Lumley therefore sued Gye for damages in respect of the income he had lost. Judgment Crompton J held that Lumley could claim damages from Gye. He observed that although the general law is there is no action, by then it had become c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
