14. Charitable trusts

2019 ◽  
pp. 429-454
Author(s):  
JE Penner
Keyword(s):  
Attorney General ◽  
The Public ◽  
Public Benefit ◽  
The Core ◽  
Public Purpose ◽  
Charity Commission ◽  
The Subject ◽  
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 charitable trusts. Charitable trusts are not subject to the beneficiary principle. These are valid purpose trusts that are enforced, not by beneficiaries, but by the Attorney-General or, more recently, by the Charity Commission. Charities are generally exempt from most taxes. The conditions for charitable status; the charitable character of public purpose trusts; trusts for the relief of poverty; trusts for the advancement of education; trusts for the advancement of religion; trusts for other purposes beneficial to the community; the law concerning the public benefit requirement; and the application of the cy-près doctrine to save charitable trusts from failure are discussed.

Of Debatable Benefit

2020 ◽  
pp. 137-181
Author(s):  
Nathan S. French
Keyword(s):  
Jeremy Bentham ◽  
The Public ◽  
Public Benefit ◽  
The Subject ◽  
The Law

Though an individual may possess the correct intention for martyrdom-seeking, Jihadi-Salafi jurists argue that such intentionality does not secure the permissibility of a martyrdom-seeking operation. The operation as a legitimate tactic of war and struggle in God’s cause must also be debated. Beginning with a discussion of the permissibility of immersing oneself into a superior enemy force, and a question of the permissibility of striking human shields, this chapter argues that Jihadi-Salafi jurisprudence on the subject of martyrdom operations reveals a rearrangement of the objectives of the law. Such a rearrangement, the chapter concludes, suggests that for Jihadi-Salafis, it is to the public benefit of the umma to put the preservation of religion ahead of life, reason, lineage, or property. Such a move demands a comparison with Western utilitarian approaches, such as that of Jeremy Bentham.

16. Charitable trusts

2018 ◽  
Author(s):  
Robert Pearce ◽  
Warren Barr
Keyword(s):  
Attorney General ◽  
Public Organizations ◽  
Voluntary Organizations ◽  
The Public ◽  
Private Profit ◽  
Charity Commission ◽  
The Law ◽  
Charitable Activities

This chapter delves further into the legal definitions and provisions for charitable trusts. Charities must follow purposes recognized as such in law, and are required to demonstrate that they carry out their activities to the benefit of the public at large. Similarly, an organization that carries out charitable purposes must be ‘exclusively charitable’, which, in practice, means if it pursues non-charitable activities, they must be ancillary to the main charitable purposes. Charities have no named beneficiaries, so the law is enforced by the Attorney-General and the Charity Commission on behalf of the public. Organizations which nonetheless do good, and may exist for reasons other than private profit are referred to as (non-charitable) voluntary organizations.

8. Patent Protection and Exploitation

2019 ◽  
pp. 178-198
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Patent Protection ◽  
European Patent ◽  
Central Importance ◽  
The Public ◽  
The Third ◽  
The Subject ◽  
The Law ◽  
Patent Grant

Once a European patent has been granted the nature and scope of the protection it confers must be determined. In considering such protection this chapter focuses on four issues of central importance to that end. The first is the effects of a patent, namely, the territories in and term for which it is valid. The second is the object of protection, namely, the subject matter that the public is excluded from using during the term of its protection. The third is the nature of protection, namely, the uses of the subject matter from which the public is excluded. And the fourth is the limitations to protection, namely, the uses of an invention that the law permits notwithstanding its protection by patent grant.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

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 traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

Evidence

2017 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Burden Of Proof ◽  
Expert Evidence ◽  
The Core ◽  
The Subject ◽  
The Law ◽  
Book Covers ◽  
Law Of Evidence ◽  
The Ideal

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. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. Evidence provides students with a succinct yet thought-provoking introduction to all of the key areas covered on undergraduate law of evidence courses. Vibrant and engaging, the book sets out to demystify a traditionally intimidating area of law. Probing analysis of the issues, both historical and current, ensures that the text contains a thorough exploration of the ‘core’ of the subject. The book covers: the relevance and admissibility of evidence; presumptions and the burden of proof; witnesses: competence, compellability and various privileges; the course of the trial; witnesses’ previous consistent statements and the remnants of the rule against narrative; character and credibility; evidence of the defendant’s bad character; the opinion rule and the presentation of expert evidence; the rule against hearsay; confessions; drawing adverse inferences from a defendant’s omissions, lies or false alibis; and identification evidence. A clearly structured introduction, this is the ideal text for any student who may find evidence a somewhat forbidding subject.

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.

1. What is tort?

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
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 begins with an overview of the law of tort, covering its definition, types of misconduct, types of injury, and its main functions. It then introduces the two major institutions of the law of tort: the tort of negligence and the role played by statute law.

8. Protection of reputation

2013 ◽  
Author(s):  
Steve Hedley ◽  
Nicola Padfield
Keyword(s):  
The Core ◽  
The Subject ◽  
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 examines tort for the protection of reputation. Reputation is protected principally by the tort of defamation. Defamation is almost unique among the torts: it is very often heard before a judge and jury, rather than a judge alone. The role of the jury is to determine matters of fact and to determine the level of damages. The chapter discusses liability; remedies; absolute defences; qualified defences; other torts protecting reputation; and reform of the law.

10. Privacy, access and exclusion

2013 ◽  
Author(s):  
Kevin Gray ◽  
Susan Francis Gray
Keyword(s):  
Land Rights ◽  
Legal Concept ◽  
The Public ◽  
The Core ◽  
The Subject ◽  
English 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 examines the legal concept of trespass upon land and describes the most common forms of licence known to English law, which include bare licences, contractual licenses, and licenses coupled with an equity or the grant of an interest. It concludes with a review of various other entitlements to enter another's land – rights which are exercisable by anyone merely by virtue of the fact that he or she is a member of the public (or of a section of the public).

scholarly journals XXVIII.—Sir Walter Raleigh and Sir Francis Vere, by J. Payne Collier, Esq., V.P.: in a Letter to W. Durrant Cooper, Esq., F.S.A.

Archaeologia ◽  
1854 ◽  
Vol 35 (2) ◽  
pp. 368-378
Author(s):  
J. Payne Collier
Keyword(s):  
Attorney General ◽  
Retail Sale ◽  
The Subject ◽  
The Law ◽  
Sir Walter Raleigh

In a letter I addressed to you some time ago, which obtained a place in Vol. XXXIV. of the Archæologia, I introduced a note from Sir Walter Raleigh to one of the law advisers of the Crown (most probably the Attorney-General) on the subject of the revocation and re-grant by Queen Elizabeth of the letters patent conceded to her then favourite, authorizing him to issue licences for the retail sale of wines. The note bears date 8th March, 1587–8, and it is the more important, because it corrects a mistake committed by Mr. Fraser Tytler, when he stated in his “Life of Raleigh” that this privilege was conferred as a reward for Raleigh's services in the defeat of the Spanish Armada. The fact appears to be, as I stated, that this renewal of the older and original patent took place before the Spanish Armada ventured to approach our shores.

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