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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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