TITLE TO PROPERTY

A trust is where a trustee holds the title to property on trust for one or more beneficiaries. The trustees are under a duty to administer the trust property on behalf of the beneficiaries and to distribute the property accordingly ...

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JUDICIAL REVIEW PROBLEM

Part 1 The first significant area for consideration in this scenario is whether Jack will be granted permission to proceed with his application for judicial review. He is seeking review of a decision by an internal disciplinary tribunal that he ...

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RUNNING A BUSINESS

Tom, Dick and Harry are in business together in the form of a legal partnership. The business having developed somewhat, they are now keen to incorporate their business into a limited company. This will undoubtedly have benefits for the traders, ...

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FREEDOM OF CONTRACT

The premise for the principle of freedom of contract is that the parties could make agreements on a wide variety of subjects and choose those terms that they agree as convenient for the fulfilment of the contract. Court normally refrain ...

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EQUITY AND TRUSTS PROBLEM

This scenario relates to the purported creation of a trust. We are told that Michael has said to his daughter that “I promise to transfer to you within the year certain property”. The first issue to determine is whether this ...

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CONDITIONAL FEE ARRANGEMENTS LEGAL AID

Conditional fee arrangements are widely used throughout various legal systems; they have been used in the UK since 1990 and were expanded to include non-family civil proceedings since 1998. Conditional fee arrangements are also referred to as “No fee, no ...

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SIMILAR FACT EVIDENCE

The law of evidence is a system under which facts are used to determine the rights and liabilities of the parties. Evidence proves the existence of “facts in issue” or infers them from related facts. One of the fundamental considerations ...

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SOURCES OF IRISH LAW

Law does not come from one source and can change with time. Previously Brehan Law was Ireland’s native law, up until it was replaced by Common Law when Ireland was taken over by Great Britain. Now post British rule Irish ...

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