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Monthly Archives: May 2014

Legal Principles Governing striking out Frivolous and Vexatious claims under rule 13.4 UCPR

Whether you are defending or prosecuting on a motion brought under rule 13.4 UCPR it goes without saying that in order to succeed you need to be aware of the caselaw applicable to such a claim. The rule basically allows a party to seek summary dismissal of an unmertitorious claim. The rule is designed to protect a […]

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Trusts – the ‘three certainties’ of a Trust

No trust will be valid unless there exist the “three certainties” of words, subject-matter and object. The requirement is generally taken to date from 1840, in the statement of principle by Lord Langdale MR in Knight v Knight [1840] EngR 862 ; (1840)  3 Beav 148  at 172-173 [49 ER 58 at 68] (See, earlier, the […]

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