In the case of a gift by will or settlement of rent or other income to a donee defeasible on its becoming payable to some other person, the forfeiture takes effect, notwithstanding annulment of a bankruptcy order, if before the annulment it becomes the duty of the trustees of the will or settlement to make a payment which, but for the forfeiture clause, the trustee in bankruptcy of the donee would be entitled to receive1. In such a case the trustee need not have actually claimed the income2. If, however, the annulment order is made, or if, though the
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
Disposal and devolutionThe equity of redemption arises as soon as the mortgage is made. It is an interest in the land which the mortgagor can:•transfer, lease or mortgage inter vivos, or•by will (it passes on intestacy)No cloggingIt is a fundamental principle of a mortgage that there must be no clog
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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