Thorne v Heard
| Jurisdiction | England & Wales |
| Date | 1894 |
| Year | 1894 |
| Court | Court of Appeal |
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14 cases
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Punter Southall Governance Services Ltd (as Trustee of the Axminster Carpets Group Retirement Benefits Plan) v Jonathan Hazlett (as a representative defendant)
...8 of the 1888 Act was considered in a large number of cases and it is useful to refer to some of them. 89 In Thorne v Heard & Marsh [1894] 1 Ch 599 and [1895] AC 495, it was held that the second exception in section 8(1) which refers to trust property, or its proceeds, “still retained” is ......
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Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd and another
...employed in agency cases, “qui facit per alium facit per se” (he who does something by another does it himself). 253 So, for example, in Thorne v Heard [1894] 1 Ch 599, CA, the defendants, who were the first mortgagees of property, employed a solicitor (S) to conduct the sale of the proper......
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Burnden Holdings (UK) Ltd v Fielding and Another
...the analysis of possession for the purposes of section 8 of the Trustee Act 1888 (the distant predecessor of section 21) by Lindley LJ in Thorne v Heard [1894] 1 Ch 599, at 605–606. In practical terms, he submitted that majority shareholders had much less than absolute control over a compan......
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Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc
...the trustee was a party or a privy to a fraud. Another case is where the trustee had converted trust property to his use. Mr Rowley cited Thorne v Heard [1894] 1 Ch 599 and [1895] AC 495 and Re Timmis, Nixon v Smith [1902] 1 Ch 176 which discuss cases like these. At times, the submission ......
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2 firm's commentaries
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Your Breach Of Trust Is My Breach Of Trust: Limitation And Liability Of Innocent Partners For Wrongs Committed By A Co-Partner
...'party or privy' to Mrs Box's frauds for the purposes of section 21(1) of that Act. The case of Thorne v Heard in the Court of Appeal [1894] 1 Ch 599 and in the House of Lords [1895] AC 495, in which the meaning of 'party or privy' was directly in issue, was the only authority of Sir Timoth......
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Your Breach Of Trust Is My Breach Of Trust: Limitation And Liability Of Innocent Partners For Wrongs Committed By A Co-Partner
...'party or privy' to Mrs Box's frauds for the purposes of section 21(1) of that Act. The case of Thorne v Heard in the Court of Appeal [1894] 1 Ch 599 and in the House of Lords [1895] AC 495, in which the meaning of 'party or privy' was directly in issue, was the only authority of Sir Timoth......