Armitage v Nurse
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE MILLETT,LORD JUSTICE HUTCHISON,LORD JUSTICE HIRST |
| Judgment Date | 19 March 1997 |
| Neutral Citation | [1997] EWCA Civ 1279 |
| Docket Number | CHANF 95/1318/B |
| Court | Court of Appeal (Civil Division) |
| Date | 19 March 1997 |
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398 cases
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JSC Bank of Moscow (A company incorporated in Russia) v Vladimir Abramovich Kekhman and Others
...effect if the facts pleaded are consistent with conduct which is not dishonest such as negligence. As Millett LJ said in Armitage v Nurse [1998] Ch 241, 256G, it is not necessary to use the word "fraud" or "dishonesty" if the facts which make the conduct fraudulent are pleaded. But this wil......
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Spread Trustee Company Ltd v Hutcheson and Others
...were not so exonerated depended upon the true construction of the particular trust in question: see eg, in the English Court of Appeal, Armitage v Nurse [1998] Ch 241 per Millett LJ (with whom Hirst and Hutchison LJJ agreed) at 254E to 256A and, in the Jersey Court of Appeal, Midland ......
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Madoff Securities International Ltd ((in Liquidation)) v Stephen Raven and Others
...separate cause of action for dishonest breach. 324 The exception in s. 21(1)(a) only applies where the director's conduct is dishonest: Armitage v Nurse [1998] Ch 241, 260F-G. In this context, as Millett LJ explained at 251E-F, dishonesty: "connotes at the minimum an intention on the part o......
- Fitzwood Pty Ltd v Unique Goalpty Ltd (in Liquidation)
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17 firm's commentaries
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Limited Liability in Trust Context: A Black-Letter Synopsis
...defining a confidential relationship). 6314 Scott & Ascher §24.27.4 (Exculpatory Provision Improperly Inserted). 632Armitage v. Nurse [1997] 2 All E.R. 705 (Eng.). 5 [however]… has started a consultation exercise on reforming this area of the law to bar such clauses from general use by prof......
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Clayton v Clayton: nipping the Illusory Trust in the bud
...Court of Appeal decision at [26(c)]. 7Clayton v Clayton [2013] NZHC 301, [2013] 3 NZLR 235 (the "High Court decision"). 8Armitage v Nurse [1998] Ch 241 (CA). 9The Court of Appeal decision at [31] and the High Court decision at [85]-[88]. 10[2012] NZHC 323. 11Ibid at [30]. 12The Court of App......
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Recent Developments In The Law Relating To Trustee Exoneration Clauses
...v Hogg (1861) 5 LT 467 5 Trustee Exemption Clauses (Law Com. No. 301), 2.1. 6 Thomas and Hudson, The Law of Trusts (2nd Ed.), 21.41. 7 [1997] EWCA Civ 1279 8 Usually now the instrument would include the words "or wilful default" at the 9 The same rule operates in the Bahamas, although it wa......
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Trustee Exemption Clauses: Redundant Or Required? By Archie J. Rabinowitz, B.A., L.L.B.*
...to relyonan exemption clause which excluded liability unless there had been “a breach of trust knowingly 11. [1900] A.C. 271 (H.L.). 12. [1998] Ch. 241 (C.A.) [hereinafter Armitage]. 13. Ibid., at para. 14. 14. Ibid., at para. 24. 15. Article 26(9) is now found in Article 30(10) after the m......
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28 books & journal articles
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THE EFFECTIVE REACH OF CHOICE OF LAW AGREEMENTS
...of this article. 87 In domestic law, contractual exclusion of liability for (actual) fraud is against public policy: Armitage v Nurse[1998] Ch 241 (CA). There is little doubt that this is fundamental public policy of the forum. 88 Unfair Contract Terms Act (Cap 396, 1994 Rev Ed). A choice o......
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NAVIGATING THE MAZE
...Securities and Investments Commission v Citigroup Global Markets Australia Pty Ltd (No 4)(2007) 160 FCR 35 at [280], per Jacobson J. 24[1998] Ch 241. 25Armitage v Nurse[1998] Ch 241 at 253–254; and endorsed by the High Court in Then Khek Koon v Arjun Permanand Samtani[2014] 1 SLR 245 at [10......
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Can Complex Contracts Effectively Replace Bankruptcy Principles? Why Interpretation Matters.
...INTERMEDIARIES [paragraph] 3.29, at 40; [paragraph] 3.37-3.40, at 43-45; Kelly v Cooper [1993] AC 205, at 214. (95) Armitage v. Nurse [1998] Ch 241. (96) Id. at 251 ("By consciously acting beyond their powers (as, for example, by making an investment which they know to be unauthorized) the ......
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Table of Cases
...Bay Estates Ltd v Canada, 2017 BCCA 374 .......................................... 142 295 THE LAW OF PROPERTY 296 Armitage v Nurse, [1997] EWCA Civ 1279, [1998] Ch 241 ................................. 77 Armory v Delamirie (1722), 1 Strange 505, 93 ER 664 .......................... 28, 29......
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