Nelson v Rye

JurisdictionEngland & Wales
Judgment Date1996
Date1996
Year1996
CourtChancery Division
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52 cases
  • Coulthard v Disco Mix Club Ltd
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... 730A–E , 731H–732D ) ... Knox v. Gye ( 1872 ) L.R. 5 H.L. 656 , H.L.(E.); Bristol and West Building Society v. Mothew [ 1998 ] Ch. 1 , C.A. and Paragon Finance Plc. v. D. B. Thakerar & Co. [ 1999 ] 1 All E.R. 400 , C.A. considered ... Nelson v. Rye [ 1996 ] 1 W.L.R. 1378 not followed ... The following cases are referred to in the judgment: ... Attorney-General v. Cocke [ 1988 ] Ch. 414 ; [ 1988 ] 2 W.L.R. 542 ; [ 1988 ] 2 All E.R. 391 ... Attorney-General v. Guardian Newspapers Ltd. (No. 2) [ 1990 ] 1 ... ...
  • Minister for the Environment, Community and Local Government v Damiens
    • Ireland
    • High Court
    • 24 October 2018
    ...cannot apply where there is an express statutory limitation period has been refined in a number of UK cases such as Nelson v. Rye [1996] 2 ALL ER 186, Frawley v. O'Neill [1999] EWCA Civ 875, P&O Nedlloyd BV v. Arab Metals (No.1) [2006] EWCA 105 Counsel also cites O'Sullivan's Pharmacies an......
  • Gwembe Valley Development Company Ltd v Koshy and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 July 2003
    ...arises only by reason of that transaction." 94 Also of significance are the terms in which Millett LJ treated the decision of Laddie J in Nelson v Rye [1996] 2 All ER 186. In that case it had been held that claims to an account in relation to a fiduciary were outside the scope of the Limit......
  • Lehman Brothers; CRC Credit Fund Ltd and Others v GLG Investments Plc (Sub-Fund: European Equity Fund) and Others
    • United Kingdom
    • Chancery Division
    • 20 January 2010
    ...house accounts for its own purposes. In Paragon plc v. DB Thakerar & Co [1999] 1 All ER 400 at 416, Millett LJ said this, commenting on Nelson v. Rye [1996] 1 WLR 1378: “Whether he was in fact a trustee of the money may be open to doubt. Unless I have misunderstood the facts or they were ......
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4 books & journal articles
  • Conflicts of Interest in Financial Services: Judicial Development and Regulatory Rules
    • Jamaica
    • Risky Business: Perspectives on Corporate Misconduct Part One
    • 21 July 2010
    ...out of his trust.’52. [1912] AC 555.53. See also in this regard, (1995) 69 ALJR 362; [1996] 2 All ER 186; and, in particular, P.J. Millett, ‘Bribes and Secret Commission’ (1993) 754. [1916] 1 AC 554.55. [1967] 2 AC 46.......
  • The Limits of the Law: An Analysis of the Interrelationship of the Criminal and Civil Law in the Control of Money Laundering
    • United Kingdom
    • Emerald Journal of Money Laundering Control No. 2-3, January 1999
    • 1 January 1999
    ...Sunday Times, 19th November, 1995. (13) (1968) 1 WLR 1555. (14) (1990) 1 HKLR 320. (15) (1993) 1 SLR 735. (16) (1994) 1 All ER 1. (17) (1996) 2 All ER 186. (18) Warman International Ltd v Dwyer (1995) 69 ALR 201. (19) (1991) 3 WLR 116. (20) (1995) 2 AC 278. (21) See Lee (David) and Co. (Lin......
  • On the Relations between Agent and Principal: Angove's Pty Ltd v Bailey
    • United Kingdom
    • Wiley The Modern Law Review No. 81-1, January 2018
    • 1 January 2018
    ...“Pallant v Morgan Equity”’ (2016) 80 Conv 434, 448–450.56 Potter vCustoms & Excise Commissioners [1985] STC 45, 51.57 See, Nelson vRye [1996] 1 WLR 1378; [1996] 2 All ER 186.58 And, in the absence of a contract, do so in such a way as to give rise to an equitable liability toaccount for its......
  • The Control of Money Laundering - A Bridge Too Far?
    • Jamaica
    • Legal Issues in Offshore Financial Services Section V - Regulating the Offshore Sector
    • 21 September 2013
    ...numbered bank accounts’. Subsequent English decisions have tended to follow this approach, such as Laddie J’s decision in Nelson v Rye [1996] 2 All ER 186. The Australian Courts have allowed a tracing claim where there is use of assets, including opportunity, by a person in a fiduciary posi......

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