11. Breach of trust

2019 ◽  
pp. 292-363
Author(s):  
JE Penner
Keyword(s):  
Third Party ◽  
The Core ◽  
The Subject ◽  
Trust Property ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses cases involving breach of trust. It first deals with the trustee’s personal liability for breach of trust. A trustee can breach the trust in two basic ways. First, by misapplying the trust property, eg the trustee gives the property away to someone who is not a proper object of the trust. Secondly, the trustee can breach his duty to act with care and skill in the administration of the trust causing the trust loss. Next, it considers the case where a third party dishonestly assists in the breach of trust. This is followed by a discussion of the proprietary claims that the beneficiaries can make against the trustee and strangers to the trust who receive trust property.

10. Derivative claims

Company Law ◽  
2020 ◽  
pp. 177-206
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Majority Rule ◽  
Third Party ◽  
Liability Insurance ◽  
Minority Shareholders ◽  
Legal Personality ◽  
The Core ◽  
Locus Standi ◽  
Stage Process ◽  
The Subject ◽  
Management Principle

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.

17. Corporate rescue and liquidations in outline

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

6. Privity

2020 ◽  
pp. 128-158
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Rights

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also covers the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.

6. Privity

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Contractual Rights

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of privity in the law of contract. The doctrine of privity dictates that a person who is not a party to the contract cannot be granted contractual rights by the contract or be placed under contractual obligations by it. It explores the rationale of the principle, discusses the authorities that established it, and explores the various common law exceptions to the rule that a third party cannot acquire rights under a contract. This chapter also covers the statutory exception to privity provided in the Contracts (Rights of Third Parties) Act 1999.

4. Constructive trusts

2019 ◽  
pp. 108-128
Author(s):  
JE Penner
Keyword(s):  
Third Party ◽  
The Core ◽  
Bona Fide ◽  
The Subject ◽  
The Law ◽  
First Time

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on constructive trusts, which are trusts that arise by operation of law. It identifies and discusses three broad categories of constructive trust: firstly, those in which the law anticipates the result of legal title passing at law, with the result that the legal owner is regarded as holding his title on trust for the transferee until the transfer of the legal title is effective; secondly, the ‘trust’ under which a non-bona fide third party recipient of property transferred in breach of trust holds the title to the property he receives; and, finally, those in which individuals acquire for the first time an interest in another’s property because of their past dealings or relationship with the legal owner. Each of these is discussed in turn.

17. Corporate rescue and liquidations in outline

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

5. Easements and profits à prendre

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Third Parties ◽  
Third Party ◽  
The Core ◽  
The Subject ◽  
English Law ◽  
The Law

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on two of the most important categories of entitlement that may be acquired over other people's land: easements and profits à prendre. Each of these rights comprises a species of proprietary entitlement, with the usual consequence in English law that the rights in question have the capacity to bind third parties. But, for precisely this reason, the law draws fairly stringent definitional boundaries around the kinds of incorporeal right that enjoy this potential of third-party impact. The discussions cover: the defining characteristics of easements and profits; the modes of creation and termination of easements and profits; and the transmission of the benefit and burden of easements and profits.

10. Derivative claims

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Majority Rule ◽  
Third Party ◽  
Liability Insurance ◽  
Minority Shareholders ◽  
Legal Personality ◽  
The Core ◽  
Locus Standi ◽  
Stage Process ◽  
The Subject ◽  
Management Principle

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.

10. Derivative claims

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Majority Rule ◽  
Third Party ◽  
Liability Insurance ◽  
Minority Shareholders ◽  
Legal Personality ◽  
The Core ◽  
Locus Standi ◽  
Stage Process ◽  
The Subject ◽  
Management Principle

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.

17. Corporate rescue and liquidations in outline

Company Law ◽  
2020 ◽  
pp. 444-492
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Public Interest ◽  
Regulatory Regime ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
Corporate Rescue ◽  
Personal Liability

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.

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