• Constitution of Trusts

    B. THE CONSTITUTION OF TRUSTS I.e. the making of a trust Milroy v Lord Turner LJ, there are three ways you can give property away: Outright gift Transfer property to trust You can make yourself trustee for the benefit of beneficiary Constitution= refers to the…

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    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, this is a step to…

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    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 for EU cases must be…

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    State Liability Outline

    I’ve done my best if you see a mistake feel free to message me or if you have any questions 😀 Happy revision (if there is such a thing) State Liability Attempt to mitigate the harshness of the rejection of horizontal direct effect of Directives…

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    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 Very nature of legislation defines…

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