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Thorner V Majors
''Thorner v Major'' [2009] UKHL 18 is an English land law case, concerning proprietary estoppel. Facts On Peter Thorner's Steart Farm, Cheddar, Somerset, Cheddar, Somerset, David Thorner, second cousin, worked for Peter for 30 years unpaid, as well as on his parents’ farm, where he got housing and money. He worked long hours and believed he would inherit the farm, encouraged by Peter's conduct over 15 years, such as in 1990 giving a bonus relating to two assurance policies, saying ‘That’s for my death duties.’ But there was no explicit promise or assurance. Peter left the farm to David, and also money to others. But Peter destroyed the will when he fell out with the others and did not make a new will. So, Peter died intestate the property, by statute, would have passed to others. David claimed proprietary estoppel. The Court of Appeal[2008] EWCA Civ 732 (Lloyd LJ, Alan Ward (judge), Ward LJ and Rimer LJ) held David had no proprietary estoppel claim because there was never ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proprietary Estoppel
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if *someone is given a clear assurance that they will acquire a right over property, *they reasonably rely on the assurance, *they act substantially to their detriment on the strength of the assurance, and *it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances. History In 1862, in '' Dillwyn v Llewelyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cheddar, Somerset
Cheddar is a large village and civil parish in the Sedgemoor district of the English county of Somerset. It is situated on the southern edge of the Mendip Hills, north-west of Wells, south-east of Weston-super-Mare and south-west of Bristol. The civil parish includes the hamlets of Nyland and Bradley Cross. The parish had a population of 5,755 in 2011 and an acreage of as of 1961. Cheddar Gorge, on the northern edge of the village, is the largest gorge in the United Kingdom and includes several show caves, including Gough's Cave. The gorge has been a centre of human settlement since Neolithic times including a Saxon palace. It has a temperate climate and provides a unique geological and biological environment that has been recognised by the designation of several Sites of Special Scientific Interest. It is also the site of several limestone quarries. The village gave its name to Cheddar cheese and has been a centre for strawberry growing. The crop was formerly transporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Somerset
( en, All The People of Somerset) , locator_map = , coordinates = , region = South West England , established_date = Ancient , established_by = , preceded_by = , origin = , lord_lieutenant_office =Lord Lieutenant of Somerset , lord_lieutenant_name = Mohammed Saddiq , high_sheriff_office =High Sheriff of Somerset , high_sheriff_name = Mrs Mary-Clare Rodwell (2020–21) , area_total_km2 = 4171 , area_total_rank = 7th , ethnicity = 98.5% White , county_council = , unitary_council = , government = , joint_committees = , admin_hq = Taunton , area_council_km2 = 3451 , area_council_rank = 10th , iso_code = GB-SOM , ons_code = 40 , gss_code = , nuts_code = UKK23 , districts_map = , districts_list = County council area: , MPs = * Rebecca Pow (C) * Wera Hobhouse ( LD) * Liam Fox (C) * David Warburton (C) * Marcus Fysh (C) * Ian Liddell-Grainger (C) * James Heappey (C) * Jacob Rees-Mogg (C) * John Penrose (C) , police = Avon and Somerset Police ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life ( h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Ward (judge)
Sir Alan Hylton Ward (born 15 February 1938) is a former judge of the Court of Appeal of England and Wales. Early life and education Ward was born and raised in South Africa and practised as an Attorney of the Supreme Court (solicitor), occasionally being instructed by Nelson Mandela and Oliver Tambo. In 1961, he moved to England to take a second degree, reading law at Cambridge. Legal career He was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1988, and was made a Queen's Counsel in 1984. Ward was appointed a High Court judge on 5 October 1988. He was assigned to the Family Division and given the customary knighthood. On 13 February 1995, he was appointed a Lord Justice of Appeal. He reached mandatory retirement on 15 February 2013. Notable rulings Separating conjoined twins In 2000, Ward, together with Lord Justice Brooke and Lord Justice Walker (now Lord Walker of Gestingthorpe) made the decision to separate conjoined twins Gracie and Rosie Attard, refusing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ramsden V Dyson , British restaurant chain
{{disambig, geo ...
Ramsden may refer to: ;Places: *Ramsden, Orpington, England *Ramsden, Oxfordshire, England, a village and civil parish *Ramsden, Worcestershire, England, a hamlet *Ramsden Park, Toronto, Canada *Ramsden (crater), on the Moon *8001 Ramsden, an asteroid ;Other uses: *Ramsden (surname), people with the surname *Ramsden Baronets, two baronetcies * USS ''Ramsden'' (DE-382), a destroyer escort between 1943 and 1974 *Ramsden surveying instruments * Ramsden eyepiece See also *Ramsdens Cup, the former name for sponsorship reasons of the Scottish Challenge Cup, a Scottish Association Football competition *Harry Ramsden's Harry Ramsden's is a fast food restaurant chain based in the United Kingdom which offers fish and chips and assorted themed dishes. The business has 35 owned and franchised outlets throughout the UK and Ireland. Harry Ramsden's website claims ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gillett V Holt
''Gillett v Holt'' 000is an English land law case concerning proprietary estoppel and a farming businesses' dispute. The case focussed on a farmer of a portfolio of farming businesses without any obvious heirs who made many promises and assurances of inheritance to two partial farm managers who were neighbours or tenants of his, one of whom had farmed for 38 years, the other co-farmed for the last 5 years of those 38 years. Facts In 1956, at age 12, Geoffrey Gillett met Mr. Holt, a 38-year-old farmer at Woodhall Spa golf club who kept employed a foreman, a small number of labourers and a housekeeper. He became his caddie and friend. In 1956, he began working on Holt's farm continuing this work over 38 years. In 1971 Holt (or his company) helped in various acquisitions leading to the relevant assets below. Holt had made seven separate representations to Gillett, from 1964 to 1989, as to his eventual inheritance of the farm - such as "all this will be yours" after Gillett brought ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cobbe V Yeoman's Row Management Ltd
is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. The court of final appeal awarded the project manager £150,000 on a quantum meruit basis for unjust enrichment because Yeoman's Row had received the benefit of his services without paying for that. The court refused to find or acknowledge a binding contract, prior arrangement with a third party or promise (such as would be necessary for proprietary estoppel or for a constructive trust), overturning a £2m award on the basis of a possible lien arising from a promise over the property. The court found a non-binding agreement in principle, entirely subject to the owner's final say to take into account for example their view of the market; this was the basis on the facts on which the parties were proceeding. Lord of Appeal in Ordinary, Lord Walker, with whom the other four Lords agreed adjudged that Cobbe "ran a commercial risk with his eyes open. This was com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Property (Miscellaneous Provisions) Act 1989
The Law of Property (Miscellaneous Provisions) Act 1989 (c 34) is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law. Nature of reforms The Act introduced several distinct reforms: :* The common law rules governing the form and delivery of a deed were abolished, and were replaced by requirements that: :** a deed is valid only when expressed as such, :** it is either signed by an individual in the presence of a witness who attests to it, or at his direction and attested by two witnesses, and :** it is delivered as a deed by him or a person authorised to do so on his behalf. :* Contracts for the sale or other disposition of an interest in land must be made in writing, and they must incorporate all agreed terms in one document. :* The rule of law known as the rule in ''Bain v. Fothergill'' (where, in an action for breach of contract for the sale of land because of failure of title without fraud, the plaintiff may recover ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
