Property which has been the subject of a gift to the bankrupt by the bankrupt's spouse or civil partner passes to the trustee in bankruptcy1. Property which has been the subject of a gift by the bankrupt to the bankrupt's spouse or civil partner will not pass to the trustee2, unless the gift can be avoided as a transaction at an undervalue3. The rule that an effective gift inter vivos of personal chattels may be made only by deed or by delivery applies between spouses and civil partners, as well as between strangers
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
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