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Lloyds Bank Plc V Rosset
is an English land law, English trusts law, trusts law and English family law, matrimonial law case. It specifically deals with the translation into money of physical contributions from a cohabitee or spouse (as regards each other), under which its principles have been largely superseded. The case stood for the proposition that a no-owning cohabitee contributing to the cost of running a house and, even, quite common renovations to a derelict property did not, in itself, create a beneficial interest in that person's favour. All of the reasoning of the judgment was delivered Nigel Bridge, Baron Bridge of Harwich, Lord Bridge, receiving four concurrences from the other judges who had read his judgment in advance. Its strict limits on equity flowing to a non-owning partner were doubted in ''Stack v Dowden'', in which the final court of appeal sitting in 2007 said "the law has moved on". In the lower court it dealt with a follow-on aspect of finding — instead — a valid con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Francis Purchas
Sir Francis Brooks "Bob" Purchas, PC (19 June 1919 – 9 September 2003) was a British judge who sat on the Court of Appeal. Early life Francis Brooks Purchas was the son of Captain Francis Purchas of the 5th Royal Irish Lancers. As a child, Francis was taken for a short time to India, where his father was posted. It was there that he acquired the nickname "Bob", a shortened version of the Hindi for baby. He was educated at Marlborough College and Trinity College, Cambridge, where he was a member of the Hawks' Club. His time in Cambridge was interrupted by the outbreak of the Second World War. Commissioned into the Royal Engineers, he served on General Eisenhower's general staff in the North Africa Campaign as a cartographer where he was awarded the Africa Star. Later in the war, he would also win the Italy Star during the advance into Italy. He later served at the Allied Military Commission in Vienna, and was eventually demobilised as an honorary lieutenant colonel. After th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 generally 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 the kitchen or another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Property Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Intention (Property Law)
In trust law, 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). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of a constr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Jauncey, Baron Jauncey Of Tullichettle
Charles Eliot Jauncey, Baron Jauncey of Tullichettle, PC (8 May 1925 – 18 July 2007) was a British judge and advocate. He was often praised as one of the finest legal minds of his generation in Scotland, and his legal opinions - both as a practising advocate and as a judge - commanded immense respect. Early life and career Jauncey was the son of Captain John Henry Jauncey, who came out of retirement to command destroyers in the Second World War, and Muriel Dundas, daughter of Admiral Sir Charles Dundas. He was educated at Radley College, leaving in 1943 to join the Royal Naval Volunteer Reserve. He served in Egypt and India in the Second World War, from 1943 to 1946, reaching the rank of Sub-Lieutenant. He contracted polio in Ceylon and was invalided home, being left with a slight limp for the rest of his life. He read law at Christ Church, Oxford, graduating with a Bachelor of Arts degree in jurisprudence in 1947, and at the University of Glasgow, where he received a Bachelo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Oliver, Baron Oliver Of Aylmerton
Peter Raymond Oliver, Baron Oliver of Aylmerton, PC (7 March 1921 – 17 October 2007) was a British barrister and judge who served as a Lord of Appeal in Ordinary between 1986 and 1991. The son of an academic lawyer, he served with distinction during the Second World War, before joining the Chancery bar. He was appointed to the High Court in 1974, to the Court of Appeal in 1980, and to the House of Lords in 1986, having earlier been tipped to succeed Lord Denning as Master of the Rolls in 1982. He retired in 1992, and in later life suffered from loss of sight. Biography Oliver was born in Cambridge, where his father, David Thomas Oliver, was a professor of law and fellow of Trinity Hall, Cambridge. He was educated at The Leys School, Cambridge and Trinity Hall, Cambridge, graduating with a starred First in law in 1941. He later became an honorary fellow of Trinity Hall, and became University Commissary. From 1941 to 1945, he served in the 12th Battalion Royal Tank Regimen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grant V Edwards
Grant v Edwards was an English Court of Appeal case on common intention constructive trusts. It applied the decision in '' Eves v Eves'' 975and widened its effect to a 50% share in many future contributory common intention constructive trusts, where also an express intention is shown to have put the house into joint names, never fulfilled. Facts A house was purchased for the claimant and defendant to live in as if married. The plaintiff was in fact married to someone else and the house was purchased in the name of the defendant and the defendant's brother. The defendant had used words to the effect that, by way of explanation to the plaintiff, he would not put the claimants name into a title deed ("On the deeds") yet as it would be prejudicial towards matrimonial proceedings between the claimant and her husband ("your divorce"). The facts above were closely analogous to ''Eves v Eves''. However in ''Grant v Edwards'' less work was done by the claimant and the explanation u ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eves V Eves
''Eves v Eves'' 975EWCA Civ 3 is an English land law case, concerning constructive trusts of the family home. Facts Mr Eves bought a home and kept the legal title in his name using the proceeds of his old home and a mortgage loan. His cohabiting girlfriend for what would prove years, Janet Eves, lived there and asked why she had not been made an owner. He said it was because she was not yet 21. They had not married as Mr Eves was already married but were estranged. Janet nonetheless took his surname by deed poll in late 1968 having moved into his earlier matrimonial house. Janet gave birth to their first child in April 1969. "The house was very dirty and dilapidated. They went in and made their home there. She did a great deal of work to the house and garden. She did much more than many wives would do. She stripped the wallpaper in the hall. She painted woodwork in the lounge and kitchen. She painted the kitchen cabinets. She painted the brickwork in the front of the house. Sh ... [...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. It 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] |
Constructive Trust
In trust law, 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). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
