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Trustee Of FC Jones And Son V Jones
is an English unjust enrichment law case, concerning to what extent enrichment of the defendant must be at the expense of the claimant. Facts Mr Jones transferred £11,700 in cheques from his potato growing firm’s bank account to Mrs Jones. The firm became insolvent, which vested the account retrospectively into the trustee in bankruptcy. Mrs Jones bought potato futures, and earned £50,760. This was put into an account with Raphael & Sons plc. The official receiver claimed that under the Bankruptcy Act 1914 sections 37 and 38, the money belonged to it. Mrs Jones claimed it was hers, but the sum was paid into court. Judgment Millett LJ held the trustee in bankruptcy could recover everything. From the date of the act of bankruptcy, all money in the bankrupts’ joint accounts belonged to the trustee in bankruptcy. Mr Jones had no title to the money paid out, and could therefore not pass title to Mrs Jones. Equity had no role. The deposit of the trustee’s money under the c ... [...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] |
Martin Nourse
Sir Martin Charles Nourse (3 April 1932 – 28 November 2017) was a Lord Justice of Appeal of England and Wales, who served as Vice-President of the Civil Division of the Court of Appeal of England and Wales from 2003 until his retirement from the bench in 2006. One of his most notable cases related to multi millionaire Sir Charles Clore. He ruled in favour of the Inland Revenue, that Clore was domiciled in England for tax purposes, despite being resident in Monaco. Clore died on his last visit to England in 1979. Nourse's wife, Lady Lavinia Nourse (née Malim), was acquitted of 17 counts of historic child sex abuse in May 2021 and has subsequently called for law reforms to allow the accused, media anonymity unless or until they are charged. Education and military service Nourse attended Winchester College (1945–1950) and Corpus Christi College, Cambridge. He served as a second lieutenant in the Rifle Brigade from 1951 to 1952, and subsequently in the Territorial Army in th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roy Beldam
Sir Alexander Roy Asplin Beldam, PC (29 March 1925 – 16 October 2020) was a British judge who served as Lord Justice of Appeal in England and Wales from 1989 until 2000. Early years He was the son of the first-class cricketer and photographer George Beldam and his second wife, Margaret Underwood. After attending Oundle School, he served in the wartime Royal Navy Fleet Air Arm, flying as an Observer in Grumman Avengers with the British Pacific Fleet. Career He was called to the Bar in 1950 and made Queen's Counsel in 1969. After appointment as a Recorder in 1972, he was appointed a judge of the High Court in 1981 for which he received the customary knighthood. In 1989, he was elevated to the Court of Appeal of England and Wales, where he served until his retirement in 2000. He was made a member of the Privy Council in 1989. He also served as Legal Assessor to the General Medical Council from 1976–81, and as Chairman of the Law Commission from 1985–89. He was also a Be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Millett, Baron Millett
Peter Julian Millett, Baron Millett, , (23 June 1932 – 27 May 2021) was a British barrister and judge. He was a Lord of Appeal in Ordinary from 1998 to 2004. Biography Early life The son of Denis and Adele Millett, he was educated at Harrow School, London, and at Trinity Hall, Cambridge, where he received a Master of Arts in Classics and Law in 1954, graduating with a Double First. From 1955 to 1957 he served as a Flying Officer in the Royal Air Force. He was awarded an honorary fellowship by Queen Mary, University of London in 2012. Legal career Millett was called to the bar at Middle Temple in 1955. In 1959, he joined Lincoln's Inn, where he was appointed a bencher in 1980. From 1958 to 1986 he practised at the Chancery Bar and was examiner and lecturer in practical conveyancing at the Council of Legal Education from 1962 to 1976. Between 1967 and 1973, Millett was junior counsel at the Department of Trade and Industry in chancery matters, and between 1971 and 1975 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ''unjus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potato
The potato is a starchy food, a tuber of the plant ''Solanum tuberosum'' and is a root vegetable native to the Americas. The plant is a perennial in the nightshade family Solanaceae. Wild potato species can be found from the southern United States to southern Chile. The potato was originally believed to have been domesticated by Native Americans independently in multiple locations,University of Wisconsin-Madison, ''Finding rewrites the evolutionary history of the origin of potatoes'' (2005/ref> but later genetic studies traced a single origin, in the area of present-day southern Peru and extreme northwestern Bolivia. Potatoes were domesticated there approximately 7,000–10,000 years ago, from a species in the ''Solanum brevicaule'' complex. Lay summary: In the Andes region of South America, where the species is indigenous, some close relatives of the potato are cultivated. Potatoes were introduced to Europe from the Americas by the Spanish in the second half of the 16 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bank Account
A bank account is a financial account maintained by a bank or other financial institution in which the financial transactions between the bank and a customer are recorded. Each financial institution sets the terms and conditions for each type of account it offers, which are classified in commonly understood types, such as deposit accounts, credit card accounts, Transaction account, current accounts, loan accounts or many other types of account. A customer may have more than one account. Once an account is opened, funds entrusted by the customer to the financial institution on deposit are recorded in the account designated by the customer. Funds can be withdrawn from loan loaders. The financial transactions which have occurred on a bank account within a given period of time are reported to the customer on a bank statement, and the balance of the accounts of a customer at any point in time is their financial position with the institution. Nature of a bank account In most legal s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trustee In Bankruptcy
A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate. Canada In Canada, a licensed insolvency trustee (LIT) is an individual or a corporation licensed by the official superintendent to hold in trust and, subsequently, to distribute a bankrupt's property among the creditors in accordance with the distribution scheme under the Bankruptcy and Insolvency Act (BIA). The bankrupt and all other persons holding bankrupt's property must transfer the property to trustee. The trustee may also assist individual in preparing and submitting a consumer proposal to creditors. The trustee must arrange mandatory counselling of the bankrupt. The trustee must follow the procedures under the BIA, call creditors meetings and send the parties required notices of proceedings and documents. The trustee is responsible for preparation of pre-discharge report and may oppose the bankrupt's discharge. Russia To become registered as a trustee in bankrup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Futures Contract
In finance, a futures contract (sometimes called a futures) is a standardized legal contract to buy or sell something at a predetermined price for delivery at a specified time in the future, between parties not yet known to each other. The asset transacted is usually a commodity or financial instrument. The predetermined price of the contract is known as the ''forward price''. The specified time in the future when delivery and payment occur is known as the ''delivery date''. Because it derives its value from the value of the underlying asset, a futures contract is a derivative. Contracts are traded at futures exchanges, which act as a marketplace between buyers and sellers. The buyer of a contract is said to be the long position holder and the selling party is said to be the short position holder. As both parties risk their counter-party reneging if the price goes against them, the contract may involve both parties lodging as security a margin of the value of the contract with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Official Receiver
An officer of the Insolvency Service of the United Kingdom, an official receiver (OR) is an officer of the court to which they are attached. The OR is answerable to the courts for carrying out the courts' orders and for fulfilling their duties under law. They also act on directions, instructions and guidance from the service's Inspector General or, less often, from the Secretary of State for Business, Energy and Industrial Strategy. Responsibilities An OR has the following responsibilities: * acting as interim receivership, receiver or provisional liquidator: At any time after a petition for an insolvency order under s122 of the Insolvency Act 1986 has been presented, the court may appoint the OR as interim receiver (for an individual) or as provisional liquidator (for a company). This is to protect a debtor's property, or take control of a company' affairs, pending the outcome of the hearing of the petition; * acting as receiver, trustee or liquidator: The OR becomes receiver ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bankruptcy Act 1914
The Bankruptcy Act 1914 ( 4 & 5 Geo. 5. c. 59) was an Act of the Parliament of the United Kingdom which formed the primary source of UK insolvency law for approximately 70 years. It came into force on 1 January 1915 repealing a number of earlier statutes. It was substantially repealed by the short-lived Insolvency Act 1985. The Act is generally regarded as a consolidation of earlier statutes relating to bankruptcy. Although the Act is expressed solely with reference to the bankruptcy of individuals, section 317 of the Companies Act 1948 The Companies Act 1948 (11 & 12 Geo.6 c.38) was an Act of the Parliament of the United Kingdom, which regulated UK company law. Its descendant is the Companies Act 2006. Cases decided under this Act *''Bushell v Faith'' 970AC 1099 *''Scottish ... applied many of its provisions to corporate insolvencies.That section provides: "''In the winding up of an insolvent company ... the same rules shall prevail and be observed with regard to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
