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Re Baden's Deed Trusts (No 2)
is an English trusts law case, concerning the circumstances under which a trust will be held to be uncertain. It followed on from ''McPhail v Doulton'', where the House of Lords affirmed that upholding the settlor's intentions was of paramount importance. It dealt with the same facts as ''McPhail v Doulton,'' since the Lords had remanded the case to the Court of Appeal to be decided using the legal principles set out in ''McPhail''. Facts Mr Bertram Baden settled a trust for the employees, relatives and dependants of his company, Matthew Hall & Co Ltd. It said the net income of the trust fund should be applied by the trustees ‘in their absolute discretion’ and as they thought fit for the employees, relatives and dependants in grants. The House of Lords in ''McPhail v Doulton'' held that the trust would in principle be valid if it could be said with certainty that a hypothetical claimant "is or is not" within the class of beneficiaries. The case returned to the lower courts ... [...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] |
Blanshard Stamp
Sir Edward Blanshard Stamp (21 March 1905 – 20 June 1984), also styled The Rt. Hon. Lord Justice Stamp, was an English lawyer, a Lord Justice of Appeal and a member of the Privy Council.'Stamp, Rt Hon. Sir (Edward) Blanshard' in ''Who's Who, 1983'' (London, A. & C. Black, 1983) The son of Alfred Edward Stamp, Stamp was educated at Gresham's School, Holt, and the Inns of Court. A barrister, he became a High Court judge of the Chancery Division and in 1971 a Lord Justice of Appeal. He was appointed a privy counsellor on 5 April 1971. He should not be confused with antecedents of the same name, Mr Edward Blanshard Stamp (1805 – 1847), of Brighton, and Mr Edward Blanshard Stamp (d. 1908), of Hampstead Hampstead () is an area in London, which lies northwest of Charing Cross, and extends from Watling Street, the A5 road (Roman Watling Street) to Hampstead Heath, a large, hilly expanse of parkland. The area forms the northwest part of the Lon .... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eric Sachs
Sir Eric Leopold Otho Sachs, (23 July 1898 – 1 September 1979) was a British barrister and judge. He was a High Court judge from 1954 to 1966 and then a Lord Justice of Appeal until 1973. Biography Sachs was born in London. His father was an architect, and his grandfather had emigrated from Germany to England. Sachs was educated at Charterhouse School and served as a gunnery officer in the Royal Artillery in the First World War, from 1917 to 1919, receiving wounds to his left hand. After being demobilised, he read law at Christ Church, Oxford, graduating after five terms in 1920. He was called to the bar at the Middle Temple in 1921, and was a pupil barrister under Wilfrid Lewis. He practised on the Oxford circuit and in London, and became a King's Counsel in 1938. He was also appointed Recorder of Dudley in 1938. He served in the staff of the adjutant-general in the War Office in the Second World War, starting as a second lieutenant but rapidly promoted to brigadie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Megaw
Sir John Megaw, (16 September 1909 – 27 December 1997) was a British judge who eventually rose to Lord Justice of Appeal and Irish international rugby union player. Early life and career Born in Dublin, Megaw was the son of Irish (later Northern Irish) politician and judge Robert Megaw and the brother of the crystallographer Helen Megaw. After the creation of the Irish Free State, his father, a strong Protestant, relocated the family to Belfast. He was educated at the Royal Academical Institution in Belfast, before being elected to an open scholarship in Classics at St John's College, Cambridge. After gaining a first in Part I of the classical tripos, he switched to Law, gaining a first in Part II of the law tripos and in the LLB (which, at the time was a postgraduate law degree). He then attended Harvard Law School on a Choate fellowship. He also played rugby union internationally for Ireland, delaying his call to the bar for a term to take part in a match. Megaw was c ... [...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] |
McPhail V Doulton
, also known as ''Re Baden's Deed Trusts (No 1)'' is a leading English trusts law case by the House of Lords on the certainty of beneficiaries. It held that so long as any given claimant can clearly be determined to be a beneficiary, or not, a trust is valid. The Lords also remanded the case to the Court of Appeal to be decided on this new legal principle as '' Re Baden's Deed Trusts (No 2)''. Facts Bertram Baden executed a deed settling a non-charitable trust for the benefit of the staff of Matthew Hall & Co Ltd and their relatives and dependents. The objects clause provided that: The validity of the trust was challenged, averring that the objects were insufficiently certain. Judgment Lord Wilberforce, after noting the fact that the settlor had left his property on trust, with instructions to distribute according to the trustees' choices (and, therefore, not equally among the potential beneficiaries), stated the following: Lord Wilberforce then went on to discuss the aut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
IRC V Broadway Cottages
Internet Relay Chat (IRC) is a text-based chat system for instant messaging. IRC is designed for group communication in discussion forums, called ''channels'', but also allows one-on-one communication via private messages as well as chat and data transfer, including file sharing. Internet Relay Chat is implemented as an application layer protocol to facilitate communication in the form of text. The chat process works on a client–server networking model. Users connect, using a clientwhich may be a web app, a standalone desktop program, or embedded into part of a larger programto an IRC server, which may be part of a larger IRC network. Examples of programs used to connect include Mibbit, IRCCloud, KiwiIRC, and mIRC. IRC usage has been declining steadily since 2003, losing 60 percent of its users. In April 2011, the top 100 IRC networks served more than half a million users at a time. History IRC was created by Jarkko Oikarinen in August 1988 to replace a program calle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Gulbenkian
''Re Gulbenkian’s Settlements Trusts'' 968 is an English trusts law case, concerning the certainty of trusts. It held that while the 'is or is not' test was suitable for mere powers, the complete list test remained the appropriate test for discretionary trusts. It was only a year later in ''McPhail v Doulton'' that the 'is or is not' test was considered appropriate for discretionary trusts by a different panel of their lordships. Facts Calouste Gulbenkian, a wealthy Armenian oil businessman and co-founder of the Iraq Petroleum Company, made a settlement in 1929 that said the trustees should ‘in their absolute discretion’ and while his son Nubar Gulbenkian was still alive, give trust property to 'Nubar Sarkis Gulbenkian and any wife and his children or remoter issue for the time being in existence whether minors or adults and any person or persons in whose house or apartments or in whose company or under whose care or control or by or with whom the said Nubar Sarkis Gulbenkia ... [...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] |
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] |
1972 In Case Law
Year 197 ( CXCVII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Magius and Rufinus (or, less frequently, year 950 '' Ab urbe condita''). The denomination 197 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * February 19 – Battle of Lugdunum: Emperor Septimius Severus defeats the self-proclaimed emperor Clodius Albinus at Lugdunum (modern Lyon). Albinus commits suicide; legionaries sack the town. * Septimius Severus returns to Rome and has about 30 of Albinus's supporters in the Senate executed. After his victory he declares himself the adopted son of the late Marcus Aurelius. * Septimius Severus forms new naval units, manning all the triremes in Italy with heavily armed troops for war in the East. His soldiers embark ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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