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04 February 2016 / Roderick Ramage
Issue: 7685 / Categories: Features
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Law in 101 words

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Snippets from The Reduced Law Dictionary, by Roderick Ramage

Automatic vesting

The Trustee Act 1925, s40 provides that if a new trustee is appointed, any estate or interest in property is vested automatically in all the trustees, whether or not the appointment contains a vesting declaration. Correspondingly, if a retiring trustee is discharged without a new trustee being appointed the property vests in the continuing trustees. This section does not apply to land conveyed by or held under certain mortgages or leases or to shares and other property, which is only transferable in the issuer’s books as directed by statute. It does not apply to personal representatives: Re King’s Will Trusts (1964).

Barrel scraping by estoppel

The HC judge in Shamil Bank v Beximco (2003) gave summary judgment for the claimant and said: “The defences have all the hallmarks of being trumped up. There is no doubt that the bank advanced moneys to the first two defendants and that these moneys have not been repaid…Estoppel and mutual mistake are often the bed fellows of a well-advised, desperate litigant who is scraping the barrel to avoid obligations.”

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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