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Tag Archives: UK Supreme Court

Supreme Court Declares Constructive Trust Over Bribes & Secret Commissions

On 16th July 2014 the Supreme Court handed down its judgment in FHR European Ventures LLP and others v Cedar Capital Partners LLC [2014] UKSC 45. This decision settles a long-running argument in English law as to whether a principal has a proprietary or a merely personal claim against an agent who takes a bribe…

July 17, 2014 in Litigation, Trusts.

UKSC Decision Curtails Limitation Period for Secondary Liability Claims – Williams v Central Bank of Nigeria [2014] UKSC 10

The UK Supreme Court has decided (in a somewhat long judgment which is worth reading to appreciate some of its subtleties) that the indefinite limitation period for actions under s 21(1)(a) Limitation Act 1980 in cases of “any fraud or fraudulent breach of trust to which the trustee was party or privy” does not apply…

February 23, 2014 in Thoughts, Trusts.

Wrongly Executed Will Can be Rectified – Marley v Rawlings & Anor [2014] UKSC 2

The UK Supreme Court has held in Marley v Rawlings and another [2014] UKSC 2 that a mirror will signed by the wrong spouse can be rectified under section 20(1)(a) of the Administration of Justice Act 1982, on the basis that the solicitor who handed the wrong will to each spouse to sign made a…

January 29, 2014 in Estates.

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Administration of Estates Act 1925 AML Asset Recovery ATED Attestation clause Autumn Statement Beneficiaries BPR Breach of Trust Budget Capital gains tax CGT Chancery Civil Partnership Constructive Trust Contested Probate Court of Appeal Death Dishonest Assistance Domicile Due Execution Enforcement England & Wales Estates EU Executors Formalities Government of the United Kingdom Hastings-Bass High Court of Justice HM Revenue & Customs Holiday Lets IHT Income tax Inheritance Act 1975 Inheritance tax Intestacy Jersey Jurisdiction Knowing Receipt Knowledge & Approval Law Law Commission Legislation Limitation Lincoln's Inn Litigation Marriage Mental Capacity Negligence Nil rate band Offshore Pitt v Holt Powers PPR Private Client probate Proceeds of crime Professional Liability Property Rectification Remedies Solicitor Sub-Trust tax Tax relief Testator Trustee Trustee Act 1925 Trustees Trusts UK Supreme Court Undue Influence Wills Wills Act 1837

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