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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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