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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| Формат: | Journal article |
| Язык: | English |
| Опубликовано: |
Informa Business Intelligence
2018
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| _version_ | 1826291865386745856 |
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| author | Dickinson, A |
| author_facet | Dickinson, A |
| author_sort | Dickinson, A |
| collection | OXFORD |
| description | 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. |
| first_indexed | 2024-03-07T03:05:54Z |
| format | Journal article |
| id | oxford-uuid:b28111de-e0e5-43f5-bb4c-c56281055ab6 |
| institution | University of Oxford |
| language | English |
| last_indexed | 2024-03-07T03:05:54Z |
| publishDate | 2018 |
| publisher | Informa Business Intelligence |
| record_format | dspace |
| spelling | oxford-uuid:b28111de-e0e5-43f5-bb4c-c56281055ab62022-03-27T04:12:12ZStatus check: Trustee liability to third parties in the conflict of lawsJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:b28111de-e0e5-43f5-bb4c-c56281055ab6EnglishSymplectic Elements at OxfordInforma Business Intelligence2018Dickinson, AThe 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. |
| spellingShingle | Dickinson, A Status check: Trustee liability to third parties in the conflict of laws |
| title | Status check: Trustee liability to third parties in the conflict of laws |
| title_full | Status check: Trustee liability to third parties in the conflict of laws |
| title_fullStr | Status check: Trustee liability to third parties in the conflict of laws |
| title_full_unstemmed | Status check: Trustee liability to third parties in the conflict of laws |
| title_short | Status check: Trustee liability to third parties in the conflict of laws |
| title_sort | status check trustee liability to third parties in the conflict of laws |
| work_keys_str_mv | AT dickinsona statuschecktrusteeliabilitytothirdpartiesintheconflictoflaws |