• Formalities

    A. FORMALITIES General rule- equity looks to intent not form 1. Purposes of Formalities J D Feltham [1987] Conv 246. Four functions of formalities Ritual or cautionary function Because the settlor drops out of the picture once he has transferred,…

    Outline: Principle of effectiveness and national procedural autonomy

    Principles of effectiveness and national procedural autonomy NATIONAL PROCEDURAL AUTONOMY Comet 1976 ECJ established that the procedural rules of each Member State generally apply to cases of EU law. However, two basic principles must be adhered to “equivalence” (the procedure…

    Notes on: Direct effect and Indirect effect in …

    *revision notes/outline EU legislative instruments Regulations Directives Decisions Recommendations Opinions The two principles that help the effectiveness of the EU= supremacy and direct effect. Two types of direct effect: Horizontal = between private individuals Vertical= between individuals and the state…

    Three Certainties Simplified

    It all started with Knight v Knight 1840: In order for there to be an express trust there must be: Certainty of Intention Certainty of Subject Matter Certainty of Objects Certainty of Intention The key intention is a unilateral intention;…