This article does not cite any sources . (May 2019) (Learn how and when to remove this template message)
|Thomas v Times Book Company|
|Court||High Court, Chancery Division|
|Full case name||Thomas v Times Book Company Limited, Cox and Cleverdon|
|Citation(s)|| 1 WLR 911|
|Judge(s) sitting||Plowman J|
Thomas v Times Book Company  1 WLR 911 is an English law case, in which the legal requirements of making gifts were explored.
A gift, in the law of property, is the voluntary transfer of property from one person to another without full valuable consideration. In order for a gift to be legally effective, three requirements must be met:
On Monday 19 October 1953, writer Dylan Thomas told BBC producer Douglas Cleverdon that he could keep the original manuscript of the play Under Milk Wood - if he could find it. Thomas had lost the manuscript a few days earlier in a London pub, but Cleverdon had made copies. Thomas made the promise to Cleverdon as he handed over three copies in London’s Victoria Station, from where Thomas was due to journey to America to promote the play. Thomas suggested a number of likely locations for the manuscript, and a day or two later, Cleverdon successfully found it. Unfortunately Thomas died whilst still abroad. His wife claimed the manuscript back, originally from the Times Book Company who had possession of it. Mr Cleverdon and another party were later added as defendants to the claim.
Dylan Marlais Thomas was a Welsh poet and writer whose works include the poems "Do not go gentle into that good night" and "And death shall have no dominion"; the 'play for voices' Under Milk Wood; and stories and radio broadcasts such as A Child's Christmas in Wales and Portrait of the Artist as a Young Dog. He became widely popular in his lifetime and remained so after his premature death at the age of 39 in New York City. By then he had acquired a reputation, which he had encouraged, as a "roistering, drunken and doomed poet".
The British Broadcasting Corporation (BBC) is a British public service broadcaster. Its headquarters are at Broadcasting House in Westminster, London, and it is the world's oldest national broadcasting organisation and the largest broadcaster in the world by number of employees. It employs over 20,950 staff in total, 16,672 of whom are in public sector broadcasting. The total number of staff is 35,402 when part-time, flexible, and fixed-contract staff are included.
Thomas Douglas James Cleverdon was an English radio producer and bookseller. In both fields he was associated with numerous leading cultural figures.
The overall issue was the question of what is required to make a gift. The judge analysed this into what is required to deduce intention to make a gift, and what is required to make effective delivery of the manuscript as a gift.
Plowman J found that there was intention to make a gift and there was satisfactory delivery, and therefore a valid gift was made. Because Mr Thomas had told Mr Cleverdon that the manuscript was his to keep, there was intention to make a gift and because Mr Thomas had told Mr Cleverdon where he might find the manuscript, and as Mr Cleverdon succeeded in finding it from one of those locations within two days, there was effective delivery. Although there were evidential difficulties about who said what at a railway station over twelve years before, and one of the parties was now dead, the judge did not dismiss the claim as being out of time under the Limitation Act 1980. The judge followed the advice of Brett MR in Re Garnett that he should be suspicious of claims made against dead men, as they are unable to argue for themselves, yet need not place any undue “corroborative” burden on the evidence of those still alive. He did however give more weight to Mr Cleverdon’s statements than those of Ruthven Todd, who Mr Thomas met shortly on arriving in America, in finding that Mr Todd’s evidence was second hand. The judge accepted Mr Cleverdon’s evidence through logical inference. The day after the promise was made at Victoria Station, Mr Cleverdon told his secretary the story, even though Mr Thomas was still alive and due back in a few days. The judge reasoned that Mr Cleverdon would have not lied, as such a lie would have been quickly exposed if, as expected, Mr Thomas had returned safe and well.
A statute of limitations is a law passed by a legislative body in a common law system to set the maximum time after an event within which legal proceedings may be initiated.
William Baliol Brett, 1st Viscount Esher, PC, known as Sir William Brett between 1868 and 1883, was a British lawyer, judge, and Conservative politician. He was briefly Solicitor-General under Benjamin Disraeli and then served as a justice of the Court of Common Pleas between 1868 and 1876, as a Lord Justice of Appeal between 1876 and 1883 and as Master of the Rolls. He was raised to the peerage as Baron Esher in 1885 and further honoured when he was made Viscount Esher on his retirement in 1897.
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the second-most senior judge in England and Wales after the Lord Chief Justice, and serves as President of the Civil Division of the Court of Appeal and Head of Civil Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that.
Plowman J did not give a wide ratio. It is not clear whether a gift would have been made if Mr Thomas had not listed locations, or if the manuscript was not at those locations, or if it took much longer to find.
Ratio decidendi is a Latin phrase meaning "the reason" or "the rationale for the decision". The ratio decidendi is "the point in a case that determines the judgement" or "the principle that the case establishes".
The Canterbury Tales is a collection of 24 stories that runs to over 17,000 lines written in Middle English by Geoffrey Chaucer between 1387 and 1400. In 1386, Chaucer became Controller of Customs and Justice of Peace and, in 1389, Clerk of the King's work. It was during these years that Chaucer began working on his most famous text, The Canterbury Tales. The tales are presented as part of a story-telling contest by a group of pilgrims as they travel together from London to Canterbury to visit the shrine of Saint Thomas Becket at Canterbury Cathedral. The prize for this contest is a free meal at the Tabard Inn at Southwark on their return.
Love and Mr Lewisham is a 1900 novel set in the 1880s by H. G. Wells. It was among his first fictional writings outside the science fiction genre. Wells took considerable pains over the manuscript and said that "the writing was an altogether more serious undertaking than I have ever done before." He later included it in a 1933 anthology, Stories of Men and Women in Love.
Piers Plowman or Visio Willelmi de Petro Ploughman is a Middle English allegorical narrative poem by William Langland. It is written in unrhymed, alliterative verse divided into sections called passus. Like the Pearl Poet's Sir Gawain and the Green Knight, Piers Plowman is considered by many critics to be one of the greatest works of English literature of the Middle Ages, even preceding and influencing Chaucer's Canterbury Tales. Piers Plowman contains the first known reference to a literary tradition of Robin Hood tales.
William Langland is the presumed author of a work of Middle English alliterative verse generally known as Piers Plowman, an allegory with a complex variety of religious themes. The poem translated the language and concepts of the cloister into symbols and images that could be understood by a layman.
Adam Pinkhurst is most well known as a fourteenth-century English scribe whom Linne Mooney identified as the 'personal scribe' of Geoffrey Chaucer, although much recent scholarship has cast doubt on this connection.
Reasonable doubt is a term used in jurisdiction of common law countries. Evidence that is beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems.
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory.
Pierce the Ploughman's Crede is a medieval alliterative poem of 855 lines, lampooning the four orders of friars.
There are two pseudo-Chaucerian texts called The Plowman's Tale .
In English criminal law, intention is one of the types of mens rea that, when accompanied by an actus reus, constitutes a crime.
R v Thomas was an Australian court case decided in the Victorian Court of Appeal on 18 August 2006. It concerned the conviction in February 2006 of Joseph Thomas on terrorism-related charges, specifically receiving funds from Al Qaeda. The appeal revolved around the admissibility of a confession Thomas made during an interrogation in Pakistan in 2003. The court found that the evidence, which was crucial to Thomas' convictions, was inadmissible because it had not been given voluntarily. The court accordingly quashed his convictions, but after further hearings ordered on 20 December 2006 that he be retried rather than acquitted.
English trust law concerns the creation and protection of asset funds, which are usually held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, but also share a history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts were mostly used where people left money in a will, created family settlements, created charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investments, especially in unit trusts and pension trusts, where trustees and fund managers usually invest assets for people who wish to save for retirement. Although people are generally free to write trusts in any way they like, an increasing number of statutes are designed to protect beneficiaries, or regulate the trust relationship, including the Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987, Financial Services and Markets Act 2000, Trustee Act 2000, Pensions Act 1995, Pensions Act 2004 and the Charities Act 2011.
The religious views of Abraham Lincoln are a matter of interest among scholars and the public. Lincoln grew up in a highly religious Baptist family. He never joined any Church, and was a skeptic as a young man and sometimes ridiculed revivalists. He frequently referred to God and had a deep knowledge of the Bible, often quoting it. Lincoln attended Protestant church services with his wife and children, and after two of them died he became more intensely concerned with religion. Some argue that Lincoln was even agnostic.
T Choithram International SA v Pagarani UKPC 46 was a decision of the Judicial Committee of the Privy Council on appeal from the British Virgin Islands in relation to the vesting of trust property in a trustee.
The three certainties refer to a rule within English trusts law on the creation of express trusts that, to be valid, the trust instrument must show certainty of intention, subject matter and object. "Certainty of intention" means that it must be clear that the donor or testator wishes to create a trust; this is not dependent on any particular language used, and a trust can be created without the word "trust" being used, or even the donor knowing he is creating a trust. Since the 1950s, the courts have been more willing to conclude that there was intention to create a trust, rather than hold that the trust is void. "Certainty of subject matter" means that it must be clear what property is part of the trust. Historically the property must have been segregated from non-trust property; more recently, the courts have drawn a line between tangible and intangible assets, holding that with intangible assets there is not always a need for segregation. "Certainty of objects" means that it must be clear who the beneficiaries, or objects, are. The test for determining this differs depending on the type of trust; it can be that all beneficiaries must be individually identified, or that the trustees must be able to say with certainty, if a claimant comes before them, whether he is or is not a beneficiary.
Sharon Faye Keller is the Presiding Judge of the Texas Court of Criminal Appeals, the highest tribunal for criminal matters in the U.S. state of Texas. She is a Republican.
Re Cole also known as ex p. Trustee v Cole is a case in English property law dealing with the transfer of gifts.
Mr. Big is a covert investigation procedure used by undercover police to elicit confessions from suspects in cold cases. Police officers create a fictitious grey area and/or criminal organization and then seduce the suspect into joining it. They build a relationship with the suspect, gain their confidence, and then enlist their help in a succession of criminal acts for which they are paid. Once the suspect has become enmeshed in the criminal gang they are persuaded to divulge information about the specific crime under investigation.
Wainwright vs. Witt, 470 U.S. 1039 (1985), was a U.S. Supreme Court case concerning a criminal defendant, Johnny Paul Witt, who argued that his Sixth and Fourteenth Amendment rights were violated when he was sentenced to death for first degree murder by the state of Florida. He argued that the trial court had unconstitutionally hand-picked a jury during the voir dire process. This was because certain people were excused from the jury because they admitted pre-trial, that their decision of guilty or not guilty toward capital punishment would be swayed due to personal or religious beliefs.
Ranjan Gogoi is an Indian judge serving as the 46th and current Chief Justice of India since 3 October 2018. His term as Chief Justice ends on 17 November 2019. He is the first person from Northeast India to become Chief Justice of India.