Sentences with phrase «involving constructive trust»

Not exact matches

And if, as can easily happen, a claim involves both sets of rules (eg constructive trust and Sch 1) nobody knows whether a claim proceeds in the family courts under FPR 2010 or in the civil courts under CPR 1998; and each set of rules has their significant differences (as will be explained in forthcoming articles).

I have been involved in a variety of matters including cases involving undue influence, fraud, duress, joint accounts, constructive trust, contested and uncontested guardianships and fiduciary removal actions involving attorneys in fact, trustees, and personal representatives.

This would usually involve an examination of the financial and wider relationship between and conduct of the parties with a view to determining whether there is an express trust (a clear agreement that the beneficial ownership of the asset in question is different from its legal ownership), a resulting trust (arising, usually, from a direct financial contribution to the asset in question) or a constructive trust (where, in short, it would be unconscionable for the beneficial ownership to reflect the legal ownership).

Appeared in Uzinterimpex v Standard Bank [2008] 2 Lloyd's Rep. 456, a major Court of Appeal case involving allegations of a fraudulent call by a London bank on an advance payment guarantee, constructive trust and conversion.

Telfer v Henry Estate 2013 ONSC 303, involves a situation where the court imposed a constructive trust on the insurance proceeds of the deceased, who had entered into a separation agreement with his former spouse agreeing to pay child maintenance, but failed to do... Read more

Tamara has been involved in various commercial disputes and litigation including; breaches of contract, negligence, fraud, misrepresentation, duress, undue influence, constructive trusts, professional negligence, FSM.

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

Acting in High Court proceedings in a shareholder dispute in respect of the Aman Resorts group of luxury hotels involving allegations of fraud, breach of fiduciary duties and constructive trusts involving a number of jurisdictions including New York, the BVI and Hong Kong.

There are several goals in couples therapy: 1) understand how prior relationships provide the framework for how adults view self and partner in close relationships, and and how relationship patterns («the dance») occur; 2) create a secure relationship where partners are emotionally available, genuinely involved and responsive in a sensitive and caring way; 3) establish trust and a sense of safety and comfort, especially during difficult times and distressing emotions («fight fair»), 4) change the dance — learn constructive communication and conflict - management skills so that partners respond to one another's needs and emotions with empathy, understanding and support, rather than with anger, rejection or withdrawal; 5) experience a secure relationship with the therapist, who models attunement, support, self control, patience and appropriate boundaries.

Estimates involving trust and relationship quality showed remarkably different patterns on egos» smoking propensity: associations between relationship quality and smoking were found to obscure the otherwise beneficial effects of constructive social relations on health and well - being.