Speight V Gaunt
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Speight V Gaunt
''Speight v Gaunt'' 883UKHL 1is an English trusts law case, concerning the extent of the duty of care owed by a fiduciary. Facts Mr John Speight, a Bradford industrialist, had appointed Mr Isaac Gaunt and Mr Alfred Wilkinson as trustees for his estate in his will. The trustees employed a young broker, John Cooke, to invest £15,000 of the estate's money into company shares. The trustees gave over the money. The broker dishonestly took the money for himself, and gave excuses for the delays in getting the company shares. The truth only transpired when Cooke was declared bankrupt. The beneficiaries of Speight's trust sued Mr Gaunt for failing in his duty of care as a trustee. Judgment Court of Appeal Sir George Jessel MR held that because the trustee acted in the ordinary course of business, he was not liable to make good the loss occasioned by the embezzlement of the trust moneys by the broker. The key part of his judgment stated as follows. Lindley LJ and Bowen LJ gave concur ...
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Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ...
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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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Bradford
Bradford is a city and the administrative centre of the City of Bradford district in West Yorkshire, England. The city is in the Pennines' eastern foothills on the banks of the Bradford Beck. Bradford had a population of 349,561 at the 2011 census; the second-largest population centre in the county after Leeds, which is to the east of the city. It shares a continuous built-up area with the towns of Shipley, Silsden, Bingley and Keighley in the district as well as with the metropolitan county's other districts. Its name is also given to Bradford Beck. It became a West Riding of Yorkshire municipal borough in 1847 and received its city charter in 1897. Since local government reform in 1974, the city is the administrative centre of a wider metropolitan district, city hall is the meeting place of Bradford City Council. The district has civil parishes and unparished areas and had a population of , making it the most populous district in England. In the century leadin ...
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Bankrupt
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. Bankrupt is not the only legal status that an insolvent person may have, and the term ''bankruptcy'' is therefore not a synonym for insolvency. Etymology The word ''bankruptcy'' is derived from Italian ''banca rotta'', literally meaning "broken bank". The term is often described as having originated in renaissance Italy, where there allegedly existed the tradition of smashing a banker's bench if he defaulted on payment so that the public could see that the banker, the owner of the bench, was no longer in a condition to continue his business, although some dismiss this as a false etymology. History In Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into ...
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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 ...
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Morley V Morley
''Morley v Morley'' (1678) 22 ER 817 is an English trusts law case, concerning the duty of care owed by a trustee. Facts A trust fund was the victim of a robbery, and £40 of gold was taken. Judgment Lord Nottingham LC held that a trustee could not be liable if £40 of the trust fund's gold was robbed, so long as he otherwise performed his duties. See also *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 ... References English trusts case law 1678 in law 1678 in England Court of Chancery cases {{England-law-stub ...
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BAILII
The British and Irish Legal Information Institute (BAILII, pronounced "Bailey") provides legal information, and especially reports of cases decided by courts, in the United Kingdom generally. Decisions from England and Wales, Ireland, Northern Ireland, Scotland, the European Union, and from the European Court of Human Rights are put online. It is a partial online database of British and Irish legislation, case law, law reform reports, treaties and some legal scholarship. Background Traditionally, legal information was accessible through a law report, usually written by private individuals or groups. While court judgments have had official reports more recently, historically a court judgment would simply be spoken, and so publication of the precedents built up depended on their record by interested third parties. The Year Books, which recorded judgments from 1268 to 1535, were probably compiled by law students. Other people, like the judge Sir Edward Coke from 1572 to 1615, th ...
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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 ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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1883 In British Law
Events January–March * January 4 – ''Life'' magazine is founded in Los Angeles, California, United States. * January 10 – A fire at the Newhall Hotel in Milwaukee, Wisconsin, United States, kills 73 people. * January 16 – The Pendleton Civil Service Reform Act, establishing the United States civil service, is passed. * January 19 – The first electric lighting system employing overhead wires begins service in Roselle, New Jersey, United States, installed by Thomas Edison. * February – ''The Adventures of Pinocchio'' by Carlo Collodi is first published complete in book form, in Italy. * February 15 – Tokyo Electrical Lightning Grid, predecessor of Tokyo Electrical Power (TEPCO), one of the largest electrical grids in Asia and the world, is founded in Japan. * February 16 – The ''Ladies' Home Journal'' is published for the first time, in the United States. * February 23 – Alabama becomes the first U.S. state to enac ...
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