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Three Certainties
The three certainties refer to a rule within English trusts law on the Creation of express trusts in English law, creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object. "Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the donor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that there was intention to create a trust, rather than hold that the trust is void. "Certainty of subject matter" means that it must be clear what property is part of the trust. Historically the property must have been segregated from non-trust property; more recently, the courts have drawn a line between tangible and intangible assets, holding that with intangible assets there is not always a need for segregat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henry Bickersteth, Baron Langdale (19th Century) By George Richmond And John Henry Robinson
Henry may refer to: People *Henry (given name) *Henry (surname) * Henry Lau, Canadian singer and musician who performs under the mononym Henry Royalty * Portuguese royalty ** King-Cardinal Henry, King of Portugal ** Henry, Count of Portugal, Henry of Burgundy, Count of Portugal (father of Portugal's first king) ** Prince Henry the Navigator, Infante of Portugal ** Infante Henrique, Duke of Coimbra (born 1949), the sixth in line to Portuguese throne * King of Germany **Henry the Fowler (876–936), first king of Germany * King of Scots (in name, at least) ** Henry Stuart, Lord Darnley (1545/6–1567), consort of Mary, queen of Scots ** Henry Benedict Stuart, the 'Cardinal Duke of York', brother of Bonnie Prince Charlie, who was hailed by Jacobites as Henry IX * Four kings of Castile: **Henry I of Castile **Henry II of Castile **Henry III of Castile **Henry IV of Castile * Five kings of France, spelt ''Henri'' in Modern French since the Renaissance to italianize the name and to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Goldcorp Exchange Ltd
''Re Goldcorp Exchange Ltd'' 994UKPC 3is an English trusts law case by the Judicial Committee of the Privy Council decision on appeal from the Court of Appeal of New Zealand. It considers when there is sufficient certainty of subject matter to form a trust, and tracing (law), tracing. A company dealing in gold and other precious metals became insolvent and the Bank of New Zealand appointed receivers under a debenture. They in turn asked the High Court for guidance on how to treat the company's customers, and Thorp J refused the claims of most of the customers, leaving three categories to be settled on appeal. The outstanding issue was whether the customers had title to the gold on for them, and thus beneficiaries of a trust, or were merely unsecured creditors resulting from a breach of contract. Facts Goldcorp Exchange Ltd had a business of holding gold reserves in coins and ingots for customers wishing to invest in gold. Some gold was held for customers, but the levels varied ... [...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] |
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] |
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] |
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] |
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] |
Sunderland Football Club
Sunderland Association Football Club (, ) is an English professional football club based in the city of Sunderland, Tyne and Wear. Formed in 1879, Sunderland play in the Championship, the second tier of English football. The club has won six top-flight titles (1892, 1893, 1895, 1902, 1913, and 1936) in the First Division, and has finished runners-up five times. The club has also won the FA Cup twice (1937 and 1973) and been runners-up twice (1913 and 1992), as well as winning the FA Charity Shield in 1936 and being finalists the following year. Sunderland have also been Football League Cup finalists in 1985 and 2014. Between 1891 and 1939, "The Black Cats", as they are known - in addition to their six league titles - finished in the bottom half of the league only ten times, and finished in the top seven 28 times. Since World War II, their league performances have been considerably poorer, only finishing in the top half nine times, (1947, 1949, 1950, 1953, 1955, 1956, 2000, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alastair Hudson
Alastair Hudson (born 6 November 1968), FHEA, FRSA, is an English barrister and academic. He is, in 2017/18, employed at the University of Strathclyde, Glasgow and is also visiting professor of law at the University of Portsmouth. He has worked on the University of London International Programmes LLM programme since 2004. He was formerly professor of equity and finance law at the University of Exeter, having previously been professor of equity and finance law at the University of Southampton and, prior to that, professor of equity and law at Queen Mary, University of London. He was appointed a National Teaching Fellow in 2008, a Fellow of the Higher Education Academy, and a Fellow of the Royal Society of Arts. He was voted UK Law Teacher of the Year in 2008. He was awarded the Excellence in Teaching Award 2014 by the University of Southampton Students' Union for "Overall Outstanding Lecturer". He has published educational online materials for Law students and for legal practiti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Neuberger, Baron Neuberger Of Abbotsbury
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birmi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Harvard Securities
is an English trusts law case, concerning the certainty of subject matter in a trust. Facts The liquidator of Harvard Securities Ltd, a stockbroking company, applied under the Insolvency Act 1986 section 112 to determine whether the company or its clients held a beneficial interest in shares of which the company held possession. Harvard Securities business was buying blocks of Australian or US shares, which it sold onto clients in parcels. It retained legal title of the shares, as a nominee for each client. But the parcels were not registered individually in the names of the clients. The company then went insolvent. It was also necessary to determine the applicable law. If the clients had a beneficial interest in the shares, it meant that they would not be available for the liquidator. Judgment Neuberger J held that English law applied to the US shares (Australian law to the Australian shares, up to those sold after the 14 July), and the clients did have a beneficial interest, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brian Dillon (judge)
Sir George Brian Hugh Dillon (2 October 1925 – 22 June 2003) was a British lawyer and judge who served as a Lord Justice of Appeal from 1982 to 1994. Biography Dillon was born in a naval family, the son of Captain George Crozier Dillon, RN, and the grandson of an admiral. He was educated at Winchester College, where he was a scholar, before proceeding to New College, Oxford, also as a scholar. Initially reading Classics, he switched to law, before joining the Royal Naval Volunteer Reserve in 1943, training at HMS ''Ganges'' before serving in the Far East abroad the destroyer HMS ''Tyrian''. Returning to Oxford after the war, he was called to the bar by Lincoln's Inn in 1948, and acquired a "huge practice" at the Chancery bar. He took silk in 1965 and became head of chambers. He was appointed a judge of the High Court of Justice, in 1979, assigned to the Chancery Division and received the customary knighthood. He was promoted to the Court of Appeal in 1982, and was sw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
_by_George_Richmond_and_John_Henry_Robinson.jpg "Click for more on -> Three Certainties")
