Lessons Of The Swaps Litigation
Download Lessons Of The Swaps Litigation full books in PDF, epub, and Kindle. Read online free Lessons Of The Swaps Litigation ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Peter Birks |
Publisher | : Taylor & Francis |
Total Pages | : 464 |
Release | : 2020-11-25 |
Genre | : Law |
ISBN | : 1000285863 |
This is the first comprehensive review of the extent of remedies and impact of contractual agreements on restitution claims for void, unenforceable, and discharged contracts.
Author | : Peter Birks |
Publisher | : |
Total Pages | : 402 |
Release | : |
Genre | : Interest |
ISBN | : |
Author | : Peter Birks |
Publisher | : Mansfield Press |
Total Pages | : 402 |
Release | : 2000 |
Genre | : Interest |
ISBN | : |
The House of Lords finding that SWAPS transactions with large international financing organisations and local authorities were ultra vires litigation provoked a raft of litigation which did not only have important implications for financing and commercial law generally, but which also dramatically altered the general landscape of the law, making far reaching changes in equity and trust law, contract and tort and especially restitution, the structure of which has been significantly recast.
Author | : Graham Moffat |
Publisher | : Cambridge University Press |
Total Pages | : 1110 |
Release | : 2005-09-29 |
Genre | : Law |
ISBN | : 9781139445283 |
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Author | : |
Publisher | : Oxford University Press |
Total Pages | : 467 |
Release | : 2023 |
Genre | : |
ISBN | : 0198889763 |
Author | : Graham Virgo |
Publisher | : Oxford University Press |
Total Pages | : 913 |
Release | : 2024-07-25 |
Genre | : Law |
ISBN | : 0198885326 |
The fourth edition of The Principles of the Law of Restitution brings this widely cited and influential volume fully up to date. Substantially rewritten to reflect significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject, this book is grounded in its clarity of exposition and analysis. The new edition significantly expands existing chapters on the treatment of the history of unjust enrichment, enrichment, the treatment of legally effective bases for receipt, and compulsion. It further expands existing parts on restitution for wrongs and proprietary restitutionary claims as well as offering completely new chapters dealing with 'at the claimant's expense', 'absence of intent', and the defence of illegality. Focusing primarily on English law, the volume also engages with the law in other common law jurisdictions, notably Australia, Canada, New Zealand, and Singapore. It provides a clear exposition of complex areas of law as well as critical analysis of that law. Timely and comprehensive, this book provides readers with a crucial guide to the law of restitution and will continue to be invaluable to student, academics, and practitioners alike.
Author | : William Swadling |
Publisher | : Bloomsbury Publishing |
Total Pages | : 214 |
Release | : 2004-02-25 |
Genre | : Law |
ISBN | : 1847311164 |
The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.
Author | : James Edelman |
Publisher | : Bloomsbury Publishing |
Total Pages | : 477 |
Release | : 2016-08-25 |
Genre | : Law |
ISBN | : 1782255621 |
Unjust enrichment is one of the least understood of the major branches of private law. This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law. The cases discussed are current as of 1 May 2016 although the most recent could only be included in footnotes.
Author | : Rebecca Williams |
Publisher | : Bloomsbury Publishing |
Total Pages | : 253 |
Release | : 2010-06-30 |
Genre | : Law |
ISBN | : 1847317480 |
This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19
Author | : Carol Harlow |
Publisher | : Cambridge University Press |
Total Pages | : 881 |
Release | : 2009-08-20 |
Genre | : Law |
ISBN | : 0521197074 |
A contextualised study setting out the foundations of administrative law, with discussion of case law and legislation to show practical application.