16. Tracing

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Common Law ◽  
Wide Range ◽  
Powerful Means ◽  
Bona Fide ◽  
Complete Series ◽  
Explanatory Text ◽  
Trust Property ◽  
Bank Accounts ◽  
Definition Of ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Tracing is a powerful means of locating and then recovering trust property. Property may change hands, change into another form of property, be mixed with other property and even increase in value, and yet it can still be recovered, as long it is still identifiable. This chapter discusses the definition of tracing; common law tracing; equitable tracing; tracing against volunteers and bona fide purchasers for value; tracing into a mixed fund including bank accounts; and the principle that the wrongdoer spends his own money first.

9. Charitable trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Public Benefit ◽  
Wide Range ◽  
Charity Commission ◽  
Complete Series ◽  
Explanatory Text ◽  
The Difference ◽  
Definition Of ◽  
Primary Materials ◽  
Sick Animal

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on charitable trusts discusses the following: the legal and tax advantages of charitable status; the role of the Charity Commission; the legal definition of charity; the four heads of charity: poverty, education, religion, and other purposes beneficial to the community, such as help for the old and sick, animal welfare and recreation; the additional categories of charity introduced by the Charities Act 2011, the difference between the different public benefit requirements for different types of charity; and the basis of the cy-près doctrine.

6. The Crown and Royal Prerogative

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Common Law ◽  
The Political ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Article 50 ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The royal prerogative is a special form of common law that may be exercised by the Crown, either through the Queen as monarch (her personal prerogative) or through the executive as Her Majesty’s government (the political prerogative). This chapter begins by tracing the history and development of the royal prerogative, and the role of the Crown in the exercise of these powers, and then addresses the division between prerogative powers that are personally exercised by the Queen and those that are exercised on her behalf by the political executive. Next, it turns to the respective roles of Parliament and the courts in the operation and development of prerogative powers, considering the relevance of those powers today and proposals for reform, in part, in the context of the case study on the use of the Royal prerogative to trigger article 50 and take the UK closer to leaving the EU.

Complete Equity and Trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Wide Range ◽  
Specific Performance ◽  
Different Types ◽  
Complete Series ◽  
Explanatory Text ◽  
The Common ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.

7. Resulting trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Wide Range ◽  
Original Owner ◽  
Complete Series ◽  
Explanatory Text ◽  
Trust Property ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Resulting trusts arise in a surprising number of situations, such as where an existing trust cannot carry on, for some reason. Then the trust property is said to be held on resulting trust. This means that the property is to be returned to its original owner. This chapter discusses the two types of resulting trust; the automatic resulting trust; the theory of resulting trusts; presumed resulting trusts; the presumption of advancement; the importance of the presumptions today; and illegality.

11. Free movement of persons

2019 ◽  
pp. 522-582
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

7. Challenging EU action or inaction

2019 ◽  
pp. 312-355
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Member States ◽  
The Rule Of Law ◽  
Locus Standi ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.

22. The Creation of Mortgages

2019 ◽  
pp. 677-690
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; equitable right to redeem; equity of redemption; mortgagor retaining possession; legal mortgages after 1925 where land is unregistered; legal mortgages of registered land; charge by way of legal mortgage; types of mortgages; mortgages of leases; equitable mortgage by deposit of deeds (unregistered land); equitable mortgage of registered title (deposit of land certificate); and legal and equitable mortgages after 1989.

7. Trusts of Land

2019 ◽  
pp. 165-204
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
Definition Of ◽  
Primary Materials ◽  
Trust Of Land

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the three types of trust under the old law which operated prior to the commencement of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). It also presents criticism of the old law governing bare trusts of land; criticisms of strict settlements and the Settled Land Act 1925; criticisms of the trust for sale; the definition of a trust of land; the need for two trustees for a trust of land; appointment, retirement, and removal of trustees; method of appointment of trustees; unanimity of trustees; the powers of disposition of trustees of land; the trustees' duties on exercising their powers; exclusion and restriction on trustees of land powers of disposition; and delegation of trustees' powers to beneficiaries.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

13. Justice in the Modern Administrative State

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Administrative State ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the role of a range of accountability methods to scrutinize the executive’s use of power. This includes the work of the Parliamentary Commissioner for Administration, who is now also known as the Parliamentary Ombudsman, the role of tribunals in contrast to courts, of public inquiries and of alternative dispute resolution mechanisms too. It also examines the limitations of each of these methods, and how they may complement each other to provide different forms of scrutiny.

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