title: FHR European Ventures LLP v Cedar Capital Partners LLC

authors: Chevalier-Watts, Juliet

abstract: The question for the United Kingdom Supreme Court was whether a bribe or secret commission received by an agent could be held by the agent on trust for his principle, or whether the principle merely had a claim in equitable compensation for a sum equal in value to the bribe or the commission. This was a very important decision, not least because it has given rise to a great deal of academic commentary and judicial inconsistency over the last 200 years. The decision is also important in practical terms. If the bribe/commission is held on trust for the principle, then the principle has a proprietary claim to it, whereas if the claim results merely in equitable compensation, then there is no proprietary claim. This difference is important because if the agent becomes insolvent, then the proprietary claim would give the principle priority over the agent’s unsecured creditors. Whereas if the claim were for equitable compensation, then the principle would rank equally with other unsecured creditors, or pari passu. Further, if there is a proprietary claim, then the principle may trace in equity, whereas an equitable compensatory claim will have no right to trace in equity.

text: FHR European Ventures LLP v Cedar Capital Partners LLC The question for the United Kingdom Supreme Court was whether a bribe or secret commission received by an agent could be held by the agent on trust for his principle, or whether the principle merely had a claim in equitable compensation for a sum equal in value to the bribe or the commission. This was a very important decision, not least because it has given rise to a great deal of academic commentary and judicial inconsistency over the last 200 years. The decision is also important in practical terms. If the bribe/commission is held on trust for the principle, then the principle has a proprietary claim to it, whereas if the claim results merely in equitable compensation, then there is no proprietary claim. This difference is important because if the agent becomes insolvent, then the proprietary claim would give the principle priority over the agent’s unsecured creditors. Whereas if the claim were for equitable compensation, then the principle would rank equally with other unsecured creditors, or pari passu. Further, if there is a proprietary claim, then the principle may trace in equity, whereas an equitable compensatory claim will have no right to trace in equity.

year: 2014

title: Input and output considerations in estimating rates of chemical denudation

authors: Goudie, Andrew

abstract: Estimation of rates of solutional denudation in river basins necessitates some consideration of salt inputs as well as consideration of salt outputs. Recent work in nutrient cycling has stressed the complexity and importance of the input factor, particularly when throughfall chemistry is taken into account. Frequently the differences between rates of input and output of salt in a river basin are small, suggesting that many published rates of solutional denudation, which consider outputs alone, or inputs only in part, are excessive. The input of salts, which may take place in rain, snow, fog and throughfall are most important in coastal areas. Analysis of data, for both the semi-arid United States and the Cotswold Hills in England, illustrate the need for long-term sampling, and for a detailed spatial network of sampling points.

text: Input and output considerations in estimating rates of chemical denudation Estimation of rates of solutional denudation in river basins necessitates some consideration of salt inputs as well as consideration of salt outputs. Recent work in nutrient cycling has stressed the complexity and importance of the input factor, particularly when throughfall chemistry is taken into account. Frequently the differences between rates of input and output of salt in a river basin are small, suggesting that many published rates of solutional denudation, which consider outputs alone, or inputs only in part, are excessive. The input of salts, which may take place in rain, snow, fog and throughfall are most important in coastal areas. Analysis of data, for both the semi-arid United States and the Cotswold Hills in England, illustrate the need for long-term sampling, and for a detailed spatial network of sampling points.

year: 1970

title: Respecting and recognising Indigenous rights when challenged by commercial activities

authors: Toki, Valmaine

abstract: The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

text: Respecting and recognising Indigenous rights when challenged by commercial activities The United Nations Declaration on the Rights of Indigenous Peoples was hailed as a triumph among Indigenous peoples, signalling a long-awaited recognition of their fundamental human rights. Despite this, many violations of these basic rights continue, particularly in relation to extractive industries and business activities. In response, a business reference guide seeks to inform industries of their responsibilities. This article examines the tenuous relationship between Indigenous rights, state responsibilities and business expectations.

year: 2018