Mala Fides in UK Law
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Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
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Regal (Hastings) Ltd v Gulliver
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As to the duties and liabilities of those occupying such a fiduciary position, a number of cases were cited to us which were not brought to the attention of the trial Judge. In my view the Respondents were in a fiduciary position and their liability to account does not depend upon proof of mala fides.
The rule of equity which insists on those who by use of a fiduciary position make a profit, being liable to account for that profit, in no way depends on fraud, or absence of bona fides; or upon such questions or considerations as whether the profit would or should otherwise have gone to the Plaintiff, or whether the profiteer was under a duty to obtain the source of the profit for the Plaintiff, or whether he took a risk, or acted as he did for the benefit of the Plaintiff, or whether the Plaintiff has in fact been damaged or benefited by his action.
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Jones v Challenger
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But this simple principle cannot prevail where the trust itself or the circumstances in which it was made show that there was a secondary or collateral object besides that of sale. The application was refused and it is plain from the Judgment that in such circumstances the Court has a complete discretion to do what is right and proper and will not allow the voice of the man who is in breach of his obligation to prevail.
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Armitage v Nurse
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I accept the submission made on behalf of Paula that there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. If the beneficiaries have no rights enforceable against the trustees there are no trusts.
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R v DPP ex parte Kebeline
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Frome United Breweries Company v Bath Justices
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In my opinion the case is a stronger one than that of The Queen v. Fraser and Others (9 T.L.R. 613), where a magistrate who was a member of a particular council of a religious body, one of the objects of which was to oppose the renewal of licences, was present at a meeting at which it was decided that the council should oppose the transfer or renewal of the licences, and that a solicitor should be instructed to act for the council at the meeting of the magistrates when the case came on.
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Experts and pretenders: Examining possible responses to misconduct by experts in criminal trials in England and Wales
Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidenc...... ... professional has overstepped their expertise, but has not dis-played mala fides. On the contrary, where someone gives evidence purporting to ... ...
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Restitution where an Anticipated Contract Fails to Materialise
... ... Even if there was mala fides, English law does not formally recognise a principle of ... ...
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Convergence of Trademark Law and E-Commerce: Overview of US, EU and China Regulations on Trademarks and Domain Names
This comment outlines the significance of the relations between trademarks and information technology from a comparative law perspective. It further affirms the indispensability of an interdiscipli...... ... This subject acts in mala fides (bad faith), contrary to the principles of consciousness and ... ...
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
Plenary executive power seems repugnant to the rule of law. It is often said that such power cannot exist: that all executive power must have legal limits. Yet, it remains unclear which principle o...... ... to act, or otherwise impose some requir ement of bona fides. Finally, the position with respect to purposive legislative powers is ... VI MALA FIDES LEGISLATION A statute purporting to confer plenary executive power ... ...
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Ship arrests in the UK – can an arresting party be required to give cross-undertakings in damages?
The law on ship arrest in England is well-entrenched. In essence, a party’s ability to arrest a ship in the UK occurs as of right. Accordingly, a shipowner will be unable to recover any compensatio...... ... at all for wrongful arrest unless the arrest was obtained by mala fides (bad faith or malice) or crassa negligentia (gross negligence). This ... ...
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Ship Arrests In The UK Can An Arresting Party Be Required To Give Cross-Undertakings In Damages?
... ... at all for wrongful arrest unless the arrest was obtained by mala fides (bad faith or malice) or crassa negligentia (gross negligence). This ... ...
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Unravelling It All: Challenging Judgments Tainted By Fraud
... ... It has been said ... it can extend to encompass "every variety of mala fides and ... mala praxis whereby one of the parties misleads and deceives ... ...