Macmillan Inc. v Bishopsgate Investment Trust Plc (No. 3)
| Jurisdiction | England & Wales |
| Judgment Date | 1995 |
| Date | 1995 |
| Year | 1995 |
| Court | Chancery Division |
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114 cases
- YK Fung Securities Sdn Bhd v James Capel (Far East) Ltd
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Otkritie International Investment Management Ltd and Others v Georgy Urumov (also Known as George Urumov) and Others
...Notice 82 The circumstances in which this defence to an equitable proprietary claim may be available are set out in Macmillan Inc v Bishopsgate Investment Trust plc (No 3) [1995] 1 WLR 978, 1000 per Millett J, citing a passage from Barclays Bank Plc v O'Brien [1994] 1 AC 180, 195–196 per Lo......
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The RBS Rights Issue Litigation
...or disorganised trial (see, for example, the observations of Millett J, as he then was, in Macmillan Inc v Bishopsgate Trust (No. 3) [1995] 1 WLR 978 at 1015). Further, it is not to my mind inappropriate to weigh in the balance what (if any) real delay is likely to result in terms of the d......
- Nathan v Dollars & Sense Ltd
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5 firm's commentaries
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IFI Update, June 2009 - Part 1
...such matters as the taking and enforcement of security (see Millett J in Macmillan Inc. v. Bishopsgate Investment Trust PLC (No 3) [1995] 1 WLR 978, at 990-991 and the Court of Appeal in the same case at [1996] 1 WLR 387). Perhaps BVI law did permit the matter to be determined by English la......
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UK Court Clarifies Important Issues Relating to Proprietary Interests in Trust Assets
...Bank [2022] EWCA Civ. 43. [2] Akers v Samba Financial Group [2017] AC 424. [3] Macmillan Inc v. Bishopsgate Investment Trust plc (No 3) [1995] 1 WLR 978. [4] Dubai Aluminium Co Lt v. Salaam [2003] 2 AC 366. [5] Lightning v. Lightning Electrical Contractors Ltd (1998) 23 TLI 35, Courtwood Ho......
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Trustees & Commercial Transactions: Why the BVI Is A Trust Jurisdiction Of Choice
...market value of the property. Snell's Equity (32nd ed., 2010) at 4-035; following the approach take in Macmillan v Bishopsgate (No 3). [1995] 1 WLR 978. From the head-in-the-sand approach, that if we don't actually know, we don't have notice (a risky approach for a creditor given the likeli......
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Why The BVI Is A Trust Jurisdiction Of Choice
...market value of the property. Snell's Equity (32nd ed., 2010) at 4-035; following the approach take in Macmillan v Bishopsgate (No 3). [1995] 1 WLR 978. From the head-in-the-sand approach, that if we don't actually know, we don't have notice (a risky approach for a creditor given the likeli......
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11 books & journal articles
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'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment.
...Parkinson (ed), The Principles of Equity (2nd ed, 2002) 55. (23) See, eg, Macmillan Inc v Bishopsgate Investment Trust plc [No 3] [1995] 3 All ER 747. On priorities: see generally RP Meagher, JD Heydon and MJ Leeming, Meagher, Gummow and Lehane's Equity.. Doctrines and Remedies (4th ed, 200......
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CONTEMPT ORDERS AND JUDICIAL “ATTACHMENT” OF EQUITABLE PROPERTY
...Ch 153; [2005] EWCA Civ 11 (CA). See also Milllett LJ sitting as first instance judge in Macmillan Inc v Bishopsgate Trust (No 3)[1995] 1 WLR 978 at 989. 100 Webb v Webb [1991] 1 WLR 1410 at 1418. 101 [2014] 3 SLR 381. 102 [2010] AC 90. 103 The Court of Appeal also thought that the public i......
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Table of cases
...305 Macmillan Inc. v. Bishopsgate Investment Trust plc (No. 3), [1995] 1 W.L.R. 978 (Ch. D.) ....................................................................... 231 Madsen Estate v. Saylor, 2007 SCC 18 ................................................................. 251 Mailman Estate,......
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Bank and Customer Relationships
...In Gold , an uncle who was an equal beneficiary under an estate with a nephew entered a loan agreement with a bank secured by the 221 [1995] 1 W.L.R. 978 (Ch. D.). 222 Ibid . at 1014. For a similar cautious approach, see BCCI v. Akindele , [2001] 1 Ch. 437 (C.A.). 223 (1993), 108 D.L.R. (4......
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