The Perpetuities and Accumulations Act 1964 was a landmark in the history of perpetuities and accumulations. It did not abolish the common law rule against perpetuities but rather was designed to supplement it. At the heart of the Act is the principle of 'wait and see' under which the validity of a disposition is tested by reference to actual as opposed to possible events1. As this principle is applicable only in respect of dispositions which would have been void prior to 16 July 1964, the commencement date of the Act, and as the Act, with one exception
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Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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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