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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116 cases
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Otkritie International Investment Management Ltd and Others v Georgy Urumov (also Known as George Urumov) and Others
...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 Lord Browne-Wilkinson: " The doctrine o......
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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......
- Liputan Simfoni Sdn Bhd v Pembangunan Orkid Desa Sdn Bhd
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4 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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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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Caught In The Tangled Web
...certainly provides helpful guidance as to how a court will do so. Footnotes 1 [2011] EWCA Civ 347 2 [2014] UKSC 45 3 [1994] 1 AC 180 4 [1995] 1 WLR 978 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your spe......
12 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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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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Table of cases
...A.G., [1967] 2 Q.B. 590 (C.A.)................................... 278, 280 Macmillan Inc. v. Bishopsgate Investment Trust Plc (No 3), [1995] 3 All E.R. 747 (Ch. D.), aff’d (1995), [1996] 1 W.L.R. 387, [1996] 1 All E.R. 585 (C.A.) ......................... 209, 212, 213, 293, 311, 334, 336 M......
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