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Reading V. Attorney General
''Reading v Attorney-General'' 951UKHL 1is an English trusts law case, concerning constructive trusts. Facts Mr Reading was stationed in Egypt as an army sergeant. Smugglers paid him to ride in their lorries, while they were doing their smuggling of illegal spirits (whisky and brandy), while visibly wearing his army uniform, hence making a search less likely. Mr Reading got between £1000 and £4000 each time, but was caught. The Crown seized the money he was paid, £19,325 4s 8d in total, and put him in prison. Mr Reading claimed that the money should be returned under an action for money had and received. The Crown argued it was entitled to retain the sums, which must have been received in "trust" for the Crown. Judgment The House of Lords held that the Crown could retain the money for many reasons, including that Mr Reading was in a fiduciary position. He was required to give up all unauthorised profits to his principal, the Crown. Lord Porter said the following. See als ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trusts
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). Definition Constructive trusts are imposed by operation of law. They are also referred to as implied trusts. They are not subject to formality requirements. Unlike a resulting trust, which also arises by operation of law, a constructive trust does not give effect to the imputed/presumed intention of the parties. Instead, constructive trusts are largely said to be triggered by unconscionability. This is the idea that a defendant would be unjustly enriched if they were allowed to keep property for themselve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediterranean Sea to the north, the Gaza Strip of Palestine and Israel to the northeast, the Red Sea to the east, Sudan to the south, and Libya to the west. The Gulf of Aqaba in the northeast separates Egypt from Jordan and Saudi Arabia. Cairo is the capital and largest city of Egypt, while Alexandria, the second-largest city, is an important industrial and tourist hub at the Mediterranean coast. At approximately 100 million inhabitants, Egypt is the 14th-most populated country in the world. Egypt has one of the longest histories of any country, tracing its heritage along the Nile Delta back to the 6th–4th millennia BCE. Considered a cradle of civilisation, Ancient Egypt saw some of the earliest developments of writing, agr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whisky
Whisky or whiskey is a type of distilled alcoholic beverage made from fermented grain mash. Various grains (which may be malted) are used for different varieties, including barley, corn, rye, and wheat. Whisky is typically aged in wooden casks, which are typically made of charred white oak. Uncharred white oak casks previously used for the aging of sherry are also sometimes used. Whisky is a strictly regulated spirit worldwide with many classes and types. The typical unifying characteristics of the different classes and types are the fermentation of grains, distillation, and aging in wooden barrels. Etymology The word ''whisky'' (or ''whiskey'') is an anglicisation of the Classical Gaelic word (or ) meaning "water" (now written as in Modern Irish, and in Scottish Gaelic). This Gaelic word shares its ultimate origins with Germanic ''water'' and Slavic ''voda'' of the same meaning. Distilled alcohol was known in Latin as ("water of life"). This was translated into Ol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brandy
Brandy is a liquor produced by distilling wine. Brandy generally contains 35–60% alcohol by volume (70–120 US proof) and is typically consumed as an after-dinner digestif. Some brandies are aged in wooden casks. Others are coloured with caramel colouring to imitate the effect of aging, and some are produced using a combination of both aging and colouring. Varieties of wine brandy can be found across the winemaking world. Among the most renowned are Cognac and Armagnac from southwestern France. In a broader sense, the term ''brandy'' also denotes liquors obtained from the distillation of pomace (yielding pomace brandy), or mash or wine of any other fruit ( fruit brandy). These products are also called '' eau de vie'' (which translates to "water of life"). History The origins of brandy are tied to the development of distillation. While the process was known in classical times, it was not used for significant beverage production until the 15th century. In the early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Money Had And Received
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as ''indebitatus assumpsit''. The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration. The action was a personal action only available in respect of money, rather than other benefits. Where the benefit received by the defendant was services or goods, the appropriate action was a ''quantum meruit'' or a '' quantum valebant'', respectively. The action for money had and received formed a part of the law of quasi-contract. Although the forms of action were abolished in the mid-19th century, reference continues to be made to the action in modern pleading.Cf. Graham Virgo, ''The Principles of the Law of Restitution'' (3rd ed, 2015). The terminology of "quasi-contract" has been repl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Porter, Baron Porter
Samuel Lowry Porter, Baron Porter, (7 February 1877 – 13 February 1956) was a British judge. Early life and career Born in Leeds, Porter was educated at the Perse School and Emmanuel College, Cambridge, where he took a Third in Classics and a Second in Law. He was called to the bar by the Inner Temple in 1905. His legal career was interrupted by World War I. Commissioned into the British Army, he ended the war as a captain on the general list. He was appointed MBE for his war service. He was appointed King's Counsel in 1925. He was Recorder of Newcastle under Lyme from 1928 to 1932 and Recorder of Walsall from 1932 to 1934. Judicial career On 7 November 1934, he was appointed to the High Court, assigned to the King's Bench Division, and received the customary knighthood on 24 November. On 28 March 1938, he was appointed Lord of Appeal in Ordinary (without having previously served as a Lord Justice of Appeal) and created a life peer with the title Baron Porter, of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Denning J
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset o ... [...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 privilege ... [...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 H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
