A Quistclosetrust is a specific type of trust in common law jurisdictions that arises between a debtor and a creditor, when the debtor undertakes to use the loan in a particular way, and segregates the creditor’s money from his general assets. Consequently, if the debtor becomes insolvent, the creditor’s money is refundable, and not available […]
This paper will begin by giving a critical review of racism and institutional racism and will link this with fair and unprejudiced way and the effects it has on the Police Force. This paper will highlight the instances of racism in the United Kingdom that caused riots and it will deliberate how governmental institutions such […]
In December 2013, nine Supreme Court justices heard the appeal brought by Mr Nicklinson’s widow, Jane, and two people in a similar predicament, against the Court of Appeal’s decision in Nicklinson v Ministry of Justice [2013] EWCA Civ 961. That decision upheld the decision of the Divisional Court to the effect that a person who […]
Question “The provisions of the Trustee Act 2000 do not provide trustees with unlimited powers of investment and delegation. In truth, the Act contained substantial safeguards against unlimited trustee powers in investment and delegation.” Critically discuss this statement. Introduction The enactment of the Trustee Act 2000, the duties of trustees has been the subject of […]
First this article will discuss what the exact nature of the trusts is? Furthermore, it will discuss whether we should continue on the premise that is can be exactly defined. Second this article will critically examine the principle applications of the trust instrument. What is a trust? The concept of trusts in parlance of property […]
Mitchell v Glasgow City Council 2009 WL 289442 Facts: Drummond (D) killed his neighbour, James Mitchell (J) by striking him on the head D and J had had a long history of violence and threat directed from D to J D was facing possible eviction as a result of his behaviour towards J J’s wife and […]
Budget, Chancellor George Osborne announced that the Government would introduce a statutory definition of residency for tax purposes.[1] The objective behind defining residency for tax purposes, through a statutory residence test, is to provide a system of assessing residency that “is transparent, objective, and simple to use”.[2] Furthermore, the proposed statutory residence test has been […]
Recent events, including the 2011 riots that shocked our civilised jurisdiction,[1] coupled with the infamous comments made by Judge Peters Bowers that a burglar was “courageous” for breaking into someone’s property and that prison is rarely an appropriate course of action to remedy the harm caused (commenting instead that it can have an adverse impact […]
When dealing with passing of property and risk, we have to keep in mind there are different categories of goods. There is a huge division made in the Sale of Goods Act 1979 between specific goods and ‘unascertained’goods. We can find out what the difference is between these by looking at s. 61Sale of Goods […]
