What are the duties of an outgoing trustee?

2020 ◽  
Author(s):  
Stephen Alexander ◽  
Michael Edwards
Keyword(s):  
Case Law ◽  
Recent Case ◽  
England And Wales ◽  
Royal Court ◽  
Trust Company

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).

Foreign Judgments and Contracts: The Anti-enforcement Injunction

2021 ◽  
pp. 251-272
Author(s):  
Tiong Min Yeo
Keyword(s):  
Common Law ◽  
Case Law ◽  
Recent Case ◽  
Breach Of Contract ◽  
England And Wales ◽  
The Common ◽  
Foreign Judgment

This essay examines, within the common law world, the practice of courts in England and Wales and in Singapore of granting injunctions to restrain the enforcement of foreign judgments, with particular reference to cases in which the injunction is sought to protect a contractual right. It considers the approach in recent case law, contrasting the ‘anti-enforcement injunction’ with the more frequently granted ‘anti-suit injunction’. It further seeks to differentiate cases where the proceedings leading to the foreign judgment had been brought in breach of a choice of court or arbitration agreement from cases where the reliance on the foreign judgment is the breach of contract.

scholarly journals A Sexual Harm? HIV Transmission, ‘Biological’ GBH and Ancillary Sentencing Provisions in England and Wales

2021 ◽  
pp. 002201832199109
Author(s):  
Cameron Giles
Keyword(s):  
Sexually Transmitted Infections ◽  
Hiv Transmission ◽  
Case Law ◽  
Recent Case ◽  
Sexual Offences ◽  
England And Wales ◽  
Sexually Transmitted ◽  
Harm Prevention ◽  
Sexual Offences Act 2003

This article examines the scope and meaning of ‘sexual harm’ within the context of ancillary sentencing orders in England and Wales. It argues that the statutory definition provided in the Sexual Offences Act 2003, recently replicated in the Sentencing Act 2020, does not extend to the transmission of sexually communicable infections and that, subsequently, it is inappropriate for Sexual Harm Prevention Orders to be imposed with the aim of preventing transmissions of sexually transmitted infections (STIs). It suggests that recent case law reinforces this point and that the questions this raises reflect the broader need for further scrutiny of the aims and purposes of sentencing, and criminalisation more generally, in instances of STI transmission.

The Development of Unfitness to Plead in English Law

2018 ◽  
Author(s):  
Ronnie Mackay
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
Empirical Research ◽  
Case Law ◽  
Recent Case ◽  
England And Wales ◽  
Channel Island ◽  
The United Kingdom ◽  
English Law ◽  
Decisional Competence

This chapter contains an account of the law on unfitness to plead in England and Wales. As such it contains a discussion of problems that have arisen in the application of the fitness-to-plead rules through an analysis of recent case law. It also includes an analysis of the author’s empirical research on the doctrine, together with a discussion of how a new test for unfitness to plead was introduced as a result of litigation in the Channel Island of Jersey, the first and so far, only British jurisdiction to incorporate decisional competence into a test for unfitness to plead. (The island of Jersey is not part of the United Kingdom, but part of Great Britain, being a Crown dependency of the United Kingdom.)

The Privilege of Information—An Examination of the Defence of Therapeutic Privilege and its Implications for Pregnant Women

2021 ◽  
Author(s):  
Aoife M Finnerty
Keyword(s):  
Pregnant Women ◽  
Postpartum Period ◽  
Patient Autonomy ◽  
Common Law ◽  
Case Law ◽  
England And Wales ◽  
Judicial Scrutiny ◽  
Therapeutic Privilege ◽  
Professional Guidelines ◽  
In Pregnancy

Abstract Though apparently in existence across common law countries, the defence of ‘therapeutic privilege’ receives scant judicial analysis in case law. The extent of its reach is unclear and its underpinning justification is shaky. Often it forms a throwaway remark or poorly explored caveat when the duty of a physician to disclose information is being examined, rather than receiving any detailed judicial scrutiny in its own right. Furthermore, despite references to it in case law, it is questionable if it has ever successfully been invoked as a defence in either England and Wales or Ireland. This piece examines this lack of clarity and the often-vague references to the existence of therapeutic privilege in both case law and professional guidelines, followed by a consideration of why the defence may be particularly problematic and unjustified in the context of childbirth and the immediate postpartum period. Considering the dangers of therapeutic privilege in pregnancy presents a timely opportunity to examine the issues with the use of the defence in all other healthcare contexts, focusing particularly on its impact on individual patient autonomy. Finally, this piece concludes by contending that therapeutic privilege ought to be abolished, if it truly exists at all.

scholarly journals Diminished responsibility and alcohol

2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Law Reform ◽  
England And Wales ◽  
Life Sentence ◽  
The Law ◽  
Diminished Responsibility

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.

Legal digest: a summary of recent case-law

2001 ◽  
Vol 12 (3) ◽  
pp. 662-669
Author(s):  
Bridget Dolan
Keyword(s):  
Case Law ◽  
Recent Case

Counterfactual Reasoning and Expropriation Compensation: An Argument for Elimination of Elimination Rules

2016 ◽  
Vol 2016 (3) ◽  
Author(s):  
Sjur K Dyrkolbotn
Keyword(s):  
Legal Reasoning ◽  
Counterfactual Thinking ◽  
Case Law ◽  
Property Value ◽  
Counterfactual Reasoning ◽  
England And Wales ◽  
Legal Professionals ◽  
Unique Mode ◽  
The Law ◽  
Law And Legislation

AbstractTo award compensation for expropriated property, it is usually necessary to determine what the value of the property would have been if there had been no expropriation. This requires counterfactual thinking, a form of “make-believe” reasoning that legal professionals and valuators often find difficult to apply. The challenge becomes particularly difficult and important when the scheme underlying expropriation influences the value of the property that is taken. In such situations, rules developed in case law and legislation often attempt to clarify when aspects of property value should be attributed to the expropriation scheme and disregarded from further consideration. This article critically addresses elimination rules of this kind, arguing that they interfere with counterfactual assessments in ways that can render these assessments more difficult, less predictable, and more open to manipulation. To illustrate the overarching point, it is argued that recent proposals for reform in England and Wales, aiming to constrain the scope of contrary-to-fact elimination in expropriation cases, might not work as intended and could potentially make the situation worse. More broadly, the article argues that counterfactual reasoning in expropriation cases cannot be circumvented by legislative and casuistic interventions. Just as the law of tort, the law of expropriation compensation illustrates why counterfactual reasoning should be recognised as an irreducible and unique mode of legal reasoning, one that should be addressed as such by legal theorists and lawmakers alike.

Sign in / Sign up

Export Citation Format

Share Document