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Re Rose
is a case in English trusts law and English property law. It established that if a donor has done everything that can be expected of him to transfer legal title, but the transfer is delayed by the routine operation of the law then the gift is still effective. This is sometimes called the "Re Rose principle", or the "every effort rule".M Haley and L McMurty, ''Equity & Trusts'' (2014) 95 Facts Mr Eric Rose wished to transfer shares in the Leweston Estates Co to Mrs Rose, in consideration of her love and affection. He filled in the share transfer forms on 30 March 1943, and handed them to the Mrs Rosamond Rose, who gave them to the company. The company directors could refuse to register share transfers. But the company registered the claimants as shareholders in Mr Rose’s place on 30 June 1943. Mr Rose died on 16 February 1947. The Inland Revenue wished to charge a tax, estate duty, on the transfer. It claimed the gift was not effected before 10 April 1943, so the tax was due. T ...
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Leweston, Dorset
Leweston School is an independent school, independent day and boarding school near Sherborne in Dorset, England. The school is co-educational in the Nursery and Preparatory School and follows the co-educational Diamond school, diamond model in the Senior School and Sixth Form. The School consists of a Nursery (3 months - 4years), Prep School (4–11 years), Senior School (11–16 years) and Sixth Form (16–18 years). Leweston's values are based upon a supportive Catholic ethos. In 2017, Leweston announced that it was moving to a diamond model for the delivery of STEM subjects in Years 9 to 11 whilst becoming co-educational in all years during a four-year transitional period from 2018 to 2021. Leweston School is operated by a charitable foundation and company, 'Leweston School Trust', which is registered charity no. 295175. The Trust, registered company no. 02041443, was incorporated on 28 July 1986 to provide pre-primary education, primary education and general secondary educa ...
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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 ...
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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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Inland Revenue
The Inland Revenue was, until April 2005, a department of the British Government responsible for the collection of direct taxation, including income tax, national insurance contributions, capital gains tax, inheritance tax, corporation tax, petroleum revenue tax and stamp duty. More recently, the Inland Revenue also administered the Tax Credits schemes, whereby monies, such as Working Tax Credit (WTC) and Child Tax Credit (CTC), are paid by the Government into a recipient's bank account or as part of their wages. The Inland Revenue was also responsible for the payment of child benefit. The Inland Revenue was merged with HM Customs and Excise to form HM Revenue and Customs which came into existence on 18 April 2005. The former Inland Revenue thus became part of HM Revenue and Customs. The current name was promoted by the use of the expression "from Revenue and Customs" in a series of annual radio, and to a lesser extent, television public information broadcasts in the 2 ...
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Customs And Inland Revenue Act 1881
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs has been considered as the fiscal subject that charges customs duties (i.e. tariffs) and other taxes on import and export. In recent decades, the views on the functions of customs have considerably expanded and now covers three basic issues: taxation, security, and trade facilitation. Each country has its own laws and regulations for the import and export of goods into and out of a country, enforced by their respective customs authorities; the import/export of some goods may be restricted or forbidden entirely. A wide range of penalties are faced by those who break these laws. Overview Taxation The traditional function of customs has been the assessment and collection of customs duties, which is a tariff or tax on the importation ...
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Customs And Inland Revenue Act 1889
Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods, including animals, transports, personal effects, and hazardous items, into and out of a country. Traditionally, customs has been considered as the fiscal subject that charges customs duties (i.e. tariffs) and other taxes on import and export. In recent decades, the views on the functions of customs have considerably expanded and now covers three basic issues: taxation, security, and trade facilitation. Each country has its own laws and regulations for the import and export of goods into and out of a country, enforced by their respective customs authorities; the import/export of some goods may be restricted or forbidden entirely. A wide range of penalties are faced by those who break these laws. Overview Taxation The traditional function of customs has been the assessment and collection of customs duties, which is a tariff or tax on the importation ...
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Finance Act 1894
A Finance Act is the headline fiscal (budgetary) legislation enacted by the UK Parliament, containing multiple provisions as to taxes, duties, exemptions and reliefs at least once per year, and in particular setting out the principal tax rates for each fiscal year. Overview In the UK, the Chancellor of the Exchequer delivers a Budget speech on Budget Day, outlining changes in spending, as well as tax and duty. The changes to tax and duty are passed as law, and each year form the respective Finance Act. Additional Finance Acts are also common and are the result of a change in governing party due to a general election, a pressing loophole or defect in the law of taxation, or a backtrack with regard to government spending or taxation. However, a repeal order can also be made by statutory instrument. The rules governing the various taxation methods are contained within the relevant taxation acts. Capital Gains Tax legislation, for example, is contained within Taxation of Chargeab ...
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Lord Evershed MR
Francis Raymond Evershed, 1st Baron Evershed, PC (8 August 1899 – 3 October 1966) was a British judge who served as Master of the Rolls, and subsequently became a Law Lord. Background and education Evershed was the son of Frank Evershed, a brewer and sportsman, and his wife Florence Helen, daughter of Thomas Lowe. He was educated at Clifton College and Balliol College, Oxford. During the First World War he was a Second Lieutenant in the Royal Engineers. In January 1923, he was called to the bar by Lincoln's Inn. He then practiced at the Chancery bar. Legal and judicial career Evershed was made a K.C. in 1933 and a Bencher of Lincoln's Inn in 1938. He became a High Court Judge in 1944 when he was knighted, and Lord Justice of Appeal in 1947, when he was also made a Privy Counsellor. Between 1949 and 1962, he was Master of the Rolls and served as the U.K. Member of the Permanent Court of Arbitration at The Hague in 1950. He was raised to the peerage as Baron Evershed, of Sta ...
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Milroy V Lord
''Milroy v Lord'' [1862EWHC J78is an English trusts law case that held trusts should not be used to save gifts from being defeated. It purported to follow one of the maxims of equity that "Equity will not assist a volunteer". Facts Thomas Medley held shares in a company called the Bank of Louisiana, and wished to transfer them. The bank required the shares be transferred according to regulations in the company constitution. He wanted to give them to his niece, Eleanor Milroy (maiden name Dudgeon). He signed a deed in Louisiana with Samuel Lord, for Lord to hold 50 shares on trust for Eleanor. (This was in fact made in consideration of $1, but this was ignored.) He also gave Lord a power of attorney to receive dividends on the shares and to comply with the company constitution's formalities. Lord did not actually do it. Thomas Medley lived for three years after signing the deed with Samuel Lord, in which Samuel Lord was receiving dividends and passing them on. When Thomas Medley di ...
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Pennington V Waine
is an English trusts law case, concerning the requirements for a trust to be properly constituted, and the operation of constructive trusts. The case represents an equitable exception to the need for a complete transfer of property in law. Facts Mrs Ada Crampton wanted to transfer her 400 shares in a company called Crampton Bros. (Coopers) Ltd to her nephew, Harold. She asked Mr Pennington, who represented the company's auditors, to prepare a share transfer form. She filled it in and gave it back to Mr Pennington. Mr Pennington put it on the auditors’ files but never gave it on to the company for the registration of shares in Harold's name to be completed. Ada died. The other people who stood to inherit, (including Philip Waine) argued that unlike ''Re Rose'', Ada had not done all she could have, because she had not handed the completed transfer form to Harold or the company. Harold contended that the shares were held on trust for him, so that the transfer must be completed. ...
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T Choithram International SA V Pagarani
was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee. Facts Mr Thakurdas Choithram Pagarani wanted to start a foundation called the Choithram International Foundation. He was dying of cancer. He drew up a trust deed, including himself a trustee. He travelled from his business based in Dubai and had a ceremony at his son's home in London. On 17 February 1992, with people gathered at his bedside, Mr Pagarani announced he was transferring his money to a Jersey trust for his proposed philanthropic foundation. Witnesses differed in the precise words, but the generally accepted substance as to what he was thought to have said was: "I now give all my wealth to the Trust" or "I have given everything to the Trust". Mr Pagarani executed the trust deed in front of three trustees (who also signed), his accountant and the First Secretary of the Indian High Commission. He told the grou ...
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English Property 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 * Engli ...
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