Status check: Trustee liability to third parties in the conflict of laws
The Privy Council’s decision in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd 1 is no advertisement for the common law. It serves to demonstrate how legal rules can apparate and take a foothold in the law without any satisfactory foundation. It also illustrates the crude nature of the tool...
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| Médium: | Journal article |
| Jazyk: | English |
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Informa Business Intelligence
2018
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| Shrnutí: | The Privy Council’s decision in Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd 1 is no advertisement for the common law. It serves to demonstrate how legal rules can apparate and take a foothold in the law without any satisfactory foundation. It also illustrates the crude nature of the tools with which judges are equipped to resolve questions of characterisation in cross-border cases. Finally, the decision highlights the curious position of the Privy Council in the United Kingdom’s constitutional structure, and leaves the law in an uncertain and unsatisfactory state. |
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