The City never sleeps

By Luna Sickau, Heinrich-Heine-University, Düsseldorf (Germany)

The city that never sleeps. I know that this is what people say about New York, but Manchester can compete with this (if you know the right places to go).

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42s Nightclub

There are loads of different opportunities to go out (almost every day of the week) and 42’s is my absolute favourite one. They are playing Indie and Rock music and the music scene of Manchester is not missing on the playlist. A must visit for everyone who wants to have a good time with friends and likes to dance until the night is over.

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Jimmy’s Bar

Some people might not be the dancers – but in the NQ you can sit together with your new friends and have a good time without going into a club.

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Oktoberfest Manchester

My German roots made me go to the Manchester Oktoberfest and we had a good time (even though it wasn’t very German and even the music was English, they tried to get the famous ‘Wiesn’ abroad – another sign for the multicultural city).

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Christmas Market Albert Square

Christmas is the most wonderful time of the year. And I definitely fell in love with MANCHESTER CHRISTMAS MARKETS 2018. There are many different areas around the city where little stands of food, drinks and Christmas gifts present their goods – some of them try to be German as well. My favourite one is the market at the Albert Square in front of the town hall with its lovely old wooden stalls and Christmas lights.

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05/11 – Bonfire Night

Bonfire Night or Guy Fawkes Night is on the 5th of November. There are lovely bonfires and fireworks around the city and in different parks.

If you want to find out what the Britains are celebrating at this day check out http://learnenglishteens.britishcouncil.org/uk-now/read-uk/bonfire-night

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Peak District

If you need to escape the buzzing city for a day and the weather is not too bad, you should take a train from Manchester Piccadilly into the Peak District. This National Park offers you a large number of different hiking routes and little villages to visit and the view once you made it to one of the peaks is amazing and worth the walk.

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Peak District

When my mum came over to Manchester for a visit, we decided to climb the Mam Tor (Hope Valley) (one of the famous peaks in the area). If you are a fan of nature and fancy a hike without the best path walks, feel free to go to the Peak District. Please wear hiking shoes or at least boots or learn from your mistakes as we did!

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Media City UK

Media City UK is a place where I love to go when I need some fresh air. You can have a walk around the area and the wind will blow your mind free. You can sit at the waterfront and enjoy the silence or have a look around the big media companies like BBC. If you go one a weekend its calm, on weekdays you’ll see business people and students.

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Media City UK

In the background you can see the Imperial Way Museum which is worth a visit (in the UK you have free access to almost every museum).

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St Ann’s Square

If you prefer staying in the city center there are multiple places to go. Manchester is versatile city …

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John Rylands Library

… one of the best spots (especially for Harry Potter fans) is the John Rylands Library. The building is absolutely amazing and you can feel the power of the place while you’re standing in the old halls between thousands of old books.

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The Etihad Stadium Manchester City

If you’re into football you need to see a match in an english stadium. As tickets are always sold out, the secret is to go to a Champions League game! The ticket prices are affordable (at least for students) and the chance to get a ticket is relatively high. I’ve made it to matches of Manchester City twice and absolutely loved the atmosphere in the stadium – even if the fans are extremely quiet in comparison to a real german football match.

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Liverpool Road

To conclude my little “What to do in Manchester”-guide one last advice. If you feel like you have seen all of Manchester – there are other cities around. I would recommend Liverpool – it is only a 1 hour train ride away from Piccadilly Station and its quite different to Manchester.

From Lyon to Manchester

 

By Aurore, Université Claude Bernard Lyon1, Lyon

Being away from your country is both something exciting and something really stressful. My year in Manchester is my first year abroad and my first year in an other city than Lyon, my hometown. I have to say that is was quite difficult, and it still sometimes is.

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British Property Law: How to Define a Valid Trust

One of the more startling aspects of studying abroad was learning that British students at the University of Manchester Faculty of Law begin studying trusts before general real estate in introductory property law courses. As a Canadian law student, ‘Trusts’ and ‘Wills and Estates’ are taught as advanced level upper year courses, which are not touched upon in the 1L program. I am personally intending to take the ‘Trusts’ course in my final semester of 3L. As a result, I’ve had to catch up a bit with the British program!

Roughly speaking, a trust is property transferred to a trustee that is ‘on trust’ for beneficiaries. This is distinct from a gift, which is property transferred absolutely to a donee, and also unique from a power of appointment, where property is transferred to a trustee but the donee of the power of appointment is given the power to select who should receive the property. These concepts are all virtually identical in Canadian law.

To break down these concepts even further, a trustee can choose to distribute their property through a fixed trust or a discretionary trust (where the beneficial class is certain but trustees have discretion as to individual beneficiaries and/or beneficial shares). Most importantly, whether or not a trust is fixed or discretionary, it can only be valid when the following criteria are met:

  1. There is certainty of intention to create a trust;
  2. There is certainty of subject matter; and
  3. There are certainty of objects.

The seminal British case dealing with the concept of validity is Knight v Knight (1840) 3 Beav 148. In this case, there was an attempt made to dispose of a large amount of property via trusts and wills. The significant phrase used was: “I trust to the liberality of my successors to reward any others of my old servants and tenants according to the deserts, and to their justice in continuing the estates in the male succession, according to the will of the founder of my family, my above-named grandfather Richard Knight.”

The question for the courts was whether this was a will, a general statement, or a power of appointment. The phrase “I trust” was pivotal: was this a casual “I expect them to do so …” or significant enough to create a valid trust? While the testator was expecting successors to be liberal and just when rewarding his old servants and tenants, this is a call to moral justice. But does a call to moral justice create an obligation to leave property down the male lineage and/or give money to past employees?

Lord Langdale specified that the three certainties needed to be judged objectively according to the language of the document. He emphasized that courts should not intervene in order to make a will for a testator  if they had not been clear in doing so themselves. In simpler terms, the testator was not clear in his intentions – and the courts should not read his mind. It is a testator’s obligation to set out his mind in a will, which was emphasized again in the recent case of McPhail v Doulton [1971] AC 424 by Lord Wilberforce, who noted that a trust will only be valid if it is practically certain what the settlor wanted to do.

This brings us to the next general question: are words imperative?

It’s important to note that in British law, trusts can be created without using words at all, which are a subset of trusts known as implied trusts. Re Kayford Ltd [1975] 1 WLR 279 [Kayford] is authority for the proposition that the word ‘trust’ is not needed to create a valid trust: courts are allowed to look to the intention of the parties rather than the form of the document. In Kayford, a mail order company was in financial difficulty. A separate bank account had been created to deposit money for customers whose goods hadn’t been used; the main question of the case revolved around whether the money in the bank account was the assets of the creditors, post-insolvency, or the original customers.

In Kayford, even though the formal word ‘trust’ was not used, the conduct of the parties was clear. A valid trust had been created. Due to the presence of a separate bank account, the customers were able to get their money back: actions spoke louder than words.

However, the British case law is somewhat muddled on this point. Alternately, in Re Snowden (Deceased) [1979] 2 All ER 172, an elderly lady left property to her brother in her will, stating that he would know what to do with it. The court found that there was no obligation imposed to create a trust – instead, this was an absolute gift. Although there was a moral obligation on the brother, a moral obligation is not enough to create a legal or fiduciary one.

Similarly, in Jones v Lock [1865] LR 1 Ch App 25, a father placed a cheque for his infant son in his safe. While he made an appointment to see a solicitor to change his will so that his infant son would receive his money upon his death, he died before actually changing the will. Unfortunately for the child, the courts held that there was no intention to create a trust. While it was self-evident that the father intended the son to receive his property, simply putting the cheque into a safe did not manifest the intention that he was holding property as a trustee for his son. The justification for this decision stems from a policy argument: the courts argued that it would create a dangerous precedent should a valid trust have been found.

Looking forward to learning more in the final two months of the semester!

Cheers,

Tamie Dolny

 

Studying British Law Abroad: Developments in Criminal Legal Theory

Studying British law after having been trained in Canadian jurisprudence is fascinating. As an exchange student at the University of Manchester’s School of Law, I have been thrilled to learn that many cases that I studied originally at the University of Toronto were also being taught in a British context. As it is self-evident that Canadian law is functionally built upon fundamental British cases, I have still been pleasantly surprised at the nuances between jurisdictions.

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