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04 February 2016 / Roderick Ramage
Issue: 7685 / Categories: Features
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Law in 101 words

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Snippets from The Reduced Law Dictionary, by Roderick Ramage

Automatic vesting

The Trustee Act 1925, s40 provides that if a new trustee is appointed, any estate or interest in property is vested automatically in all the trustees, whether or not the appointment contains a vesting declaration. Correspondingly, if a retiring trustee is discharged without a new trustee being appointed the property vests in the continuing trustees. This section does not apply to land conveyed by or held under certain mortgages or leases or to shares and other property, which is only transferable in the issuer’s books as directed by statute. It does not apply to personal representatives: Re King’s Will Trusts (1964).

Barrel scraping by estoppel

The HC judge in Shamil Bank v Beximco (2003) gave summary judgment for the claimant and said: “The defences have all the hallmarks of being trumped up. There is no doubt that the bank advanced moneys to the first two defendants and that these moneys have not been repaid…Estoppel and mutual mistake are often the bed fellows of a well-advised,

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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