Academic literature on the topic 'Trusts and trustees – england'
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Journal articles on the topic "Trusts and trustees – england"
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Tian, Shulun. "A Comparative Analysis of the Fiduciary Duties of Loyalty of Trustees in English Common Law and Chinese Law." Trusts & Trustees 27, no. 10 (November 19, 2021): 974–88. http://dx.doi.org/10.1093/tandt/ttab088.
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Abstract England is the cradle of trusts and China introduced this flexible institution for its own needs and promulgated its trust law in 2001. Different to England, China does not have unified fiduciary doctrines and the Chinese trust has a strong contractarian nature. This article compares Chinese law and English law in terms of the rules about trustees’ duties of loyalty. The apparent differences reflected on micro rules may find their explanation in the macro trust structures and legislative backgrounds.
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Cope, Rowan. "Polygamous settlors: When is a wife not a wife?" Trusts & Trustees 28, no. 2 (December 29, 2021): 64–69. http://dx.doi.org/10.1093/tandt/ttab112.
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Abstract Wealthy nationals of countries outside of Europe, including in the Middle East, are beginning to discover the wealth preservation and succession planning advantages that discretionary trusts can afford them. Whilst this is positive for practitioners, the clash of cultures can cause difficulties for trustees (and their advisers) who are used to administering trusts for western traditional families. Not infrequently, settlors in this new cohort are nationals of countries which either expressly permit or tacitly tolerate polygamy. This article draws attention to the ambiguity around the recognition of such marriages in England and related jurisdictions, and the potential problems this may pose for trustees.
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Stępkowski, Aleksander. "ROZWÓJ INSTYTUCJI TRUSTU W PRAWIE SZKOCKIM." Zeszyty Prawnicze 4, no. 1 (May 30, 2017): 91. http://dx.doi.org/10.21697/zp.2004.4.1.06.
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Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam discerning trust from contractual relations.According to the aforementioned case law, the main subject of trust dispositions was land (immoveable property, called in Scotland “heritable”). The main issue giving rise to legal controversies was the question of the manner in which the existence of a trust in land was allowed to be proved. The rules of evidence adopted by the Court of Session differed substantially from those of Scottish land law which were usually applied when proving titles in land. According to Scottish institutional writers, it seems to be most probable that the reason for such a favourable standing of land being subject to trust was that the Court of Session proceeded on the ground of its’ nobile officium, extraordinary equitable jurisdiction performed by this court, most probably since the very early stages of it’s activity, on the basis of a statutory provision from 1540.During the XVIIth century the first statutory regulations concerning trusts appeared, but more substantial progress in this respect took place in the XIXth century. Most often, it was statutory implementation of earlier common law principles and, in relation to trustees’ competences, of standards relating to the professional drafting of trust deeds. XIXth century legislation was consolidated in 1921 as the Trusts (Scotland) Act 1921 which was subsequently amended in 1961 and, together with the British Trustee Investments Act 1961 (which is still in force in Scotland although will be repealed soon, as it was already done in England in 2001), is partial codification of Scottish trusts law. Nevertheless it should be emphasised that Scottish trust law is still principally based on case law.As regards the influence of English Equity on the development of the Scottish law of trusts, it seems to be negligible in the early stage of the latter’s development. A considerable influence of the Chancery Court’s cases upon Scots law in respect of trusts only began in the fourth decade of the XIXth century, with a book by Charles Forsyth ( The Principles and Practice o f the Law o f Trusts and Trustees in Scotland (1844)), who had used intensively English case law as an illustration, he claimed, of Scottish law principles. Since this publication, nevertheless, English case law, as exposed in English textbooks, though not necessarily in the Chancery Reports, became an important source of inspiration for Scottish lawyers writing books on this subject and, subsequently, it was also used in the Court of Session as an important source of authority. Notwithstanding the above, Scottish judges were always more critical and generally have applied English principles in a less willing manner than has been seen from Scottish advocates and solicitors. Generally speaking, the English influence, although considerable, has not changed the very construction of Scottish trusts law. A beneficiary’s claim in respect of trust property is still considered to be a personal right, as opposed to a sui generis right in real estate.Contemporary Scottish jurisprudence considers trust property as a trustee’s special patrimony, distinct from his general patrimony and, as such, not accessible by his personal creditors. In this way, the Scots have worked out a civil law approach to trust, which was long considered to be hardly possible. This is also a reason why Scottish trusts law, as well as the whole of Scottish law, attracts so much attention from lawyers from Continental Europe.
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Reid, Kenneth G. C. "Patrimony Not Equity: the trust in Scotland." European Review of Private Law 8, Issue 3 (September 1, 2000): 427–37. http://dx.doi.org/10.54648/273249.
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While the distinction between legal and equitable ownership is of central importance to the historical development of the trust in England, the idea of trust does not depend on such a distinction. In the mixed legal systems, of which Scotland is an example, there is a fully developed doctrine of trust, but no corresponding doctrine of equity. This suggests that equity is not, after all, the main organising feature of the law of trusts. The argument of this paper is that the fundamental characteristic of the trust is not dual ownership, but dual patrimony. In the normal case a single person has only a single patrimony. But in a trust there are two patrimonies, for, in addition to his private patrimony, the trustee holds a trust patrimony consisting of all the assets and liabilities of the trust. The patrimonies are distinct in law, so that the assets of the trust patrimony cannot be used to meet the liabilities of the personal patrimony. This idea of dual patrimony explains much in the law of trusts that is otherwise puzzling. In particular it explains the substitution of assets when trust property is bought and sold, the protection given to the trust beneficiary against the personal insolvency of the trustee, and the identity of the trust in a manner distinct from those who, for the time being, are its trustees and beneficiaries.
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Morris, Rupert, and Jessica Clark-Jones. "I’ve got the power: Saunders v Vautier in the context of massively discretionary trusts." Trusts & Trustees 28, no. 1 (December 8, 2021): 19–28. http://dx.doi.org/10.1093/tandt/ttab098.
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Abstract In two judgments in 2019 and 2020, the Guernsey Court of Appeal upheld the judgment of the Guernsey Royal Court in Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC 011 in relation to the statutory “Saunders v Vautier” provisions under the Trusts (Guernsey) Law, 2007. The position, in Guernsey at least, remains therefore that beneficiaries of a discretionary trust can require trustees to terminate a trust and distribute the trust property, even in circumstances where a broad power to add further (unspecified) beneficiaries exists. This article considers the position, on any view unsettled, in England and Wales (as well as other jurisdictions which still rely on the common law interpretation) of the so-called rule in Saunders v Vautier in light of the somewhat contradictory case law and authorities, particularly in the context of trusts where the dispositive discretions effectively displace the beneficial interests.
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Harpum, Charles. "The Uses and Abuses of Constructive Trusts: The Experience of England and Wales." Edinburgh Law Review 1, no. 4 (September 1997): 437–63. http://dx.doi.org/10.3366/elr.1997.1.4.437.
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This paper, which was first given on 19 October 1996 at a seminar on constructive trusts organised by the Universities of Edinburgh and Strathclyde with the Scottish Law Commission, examines the role that constructive trusts play in English law. It explains the amorphous nature of such trusts, how they are rooted in concepts of equity and conscience, and how they are often imposed in accordance with equity's traditional grounds for intervention. The central thesis of the paper is that a constructive trust, when imposed, will cause the trustee to become subject to one or more fiduciary obligations or incidents. One situation in which this is not the case— where a constructive trust is employed to impose an encumbrance on a transferee of property—is criticised. There is also a critique of the recourse to equitable maxims as a reason for the imposition of constructive trusts. The paper concludes with some reflections on the likely path of development of constructive trusts in English law and whether they ought to be more widely received into Scots law.
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Fletcher, Thomas. "From Harrods to billionaires’ row: unexplained wealth orders after Hajiyeva and Baker." Trusts & Trustees 26, no. 7 (September 2020): 663–71. http://dx.doi.org/10.1093/tandt/ttaa063.
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Abstract This article considers the jurisdiction in England to grant unexplained wealth orders which are contained in the Proceeds of Crime Act 2002. It particularly focuses on the implications of the recent judgments in Hajiyeva v National Crime Agency [2020] EWCA Civ 108 and Baker v National Crime Agency [2020] EWHC 822 (Admin) for trusts and trustees. It concludes by identifying and commenting on the key issues in this context which may well fall to be considered in future cases.
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Ozieranski, Piotr, Eszter Saghy, and Shai Mulinari. "Pharmaceutical industry payments to NHS trusts in England: A four-year analysis of the Disclosure UK database." PLOS ONE 18, no. 11 (November 1, 2023): e0290022. http://dx.doi.org/10.1371/journal.pone.0290022.
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Introduction Although hospitals are key health service providers, their financial ties to drug companies are little understood. We examine non-research pharmaceutical industry payments to English National Health Service (NHS) trusts—hospital groupings providing secondary and tertiary care. Methods We extracted data from the industry-run Disclosure UK database, analysing it descriptively and using the Jonckheere-Terpstra test to establish whether a statistically significant time trend existed in the median values of individual payments. We explained payment value and number per trust with random effects models, using selected trust characteristics as predictors. Results Drug companies reported paying £60,253,421 to 234 trusts, representing between 90.0% and 92.0% of all trusts in England between 2015 and 2018. As a share of payments to all healthcare organisations, the number of payments rose from 38.6% to 39.5%, but their value dropped from 33.0% to 23.6%. The number of payments for fees for service and consultancy and contributions to costs of events increased by 61.5% and 29.4%. The median payment value decreased significantly for trusts overall (from £2,250.8 to £1,758.5), including those with lower autonomy from central government; providing acute services; and from half of England’s regions. The random effects model showed that acute trusts received significantly more money on average than trusts with all other service profiles; and trusts from East England received significantly less than those from London. However, trusts enjoying greater autonomy from government did not receive significantly more money than others. Trusts also received significantly less money in 2018 than in 2015. Conclusion NHS trusts had extensive pharmaceutical industry ties but were losing importance as payment targets relative to other healthcare organisations. Industry payment strategies shifted towards events sponsorship, consultancies, and smaller payments. Trusts with specific service and geographical profiles were prioritised. Understanding corporate payments across the health system requires more granular disclosure data.
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Engstrom, John H., and Randolph A. Shockley. "FINANCIAL REPORTING FOR THE GEORGIA COLONY." Accounting Historians Journal 12, no. 2 (September 1, 1985): 43–58. http://dx.doi.org/10.2308/0148-4184.12.2.43.
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Stewardship reporting was an important tool in the establishment and development of the American Colonies. In 1732 the King of England created the Colony of Georgia as a haven for England's “worthy poor.” A corporate trust was established to implement this purpose, and it was necessary for the trustees to account for the many private contributions to the cause as well as the grants from the crown. This article discusses the early history of the Georgia colony, presents a thumbnail sketch of Harman Verelst, the Trust's accountant, and illustrates by example the financial reporting he developed for the Georgia Colony.
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Thompson, Charles DR, Arun Mahay, David Stuckler, and Sarah Steele. "Do clinicians receive adequate training to identify trafficked persons? A scoping review of NHS Foundation Trusts." JRSM Open 8, no. 9 (September 2017): 205427041772040. http://dx.doi.org/10.1177/2054270417720408.
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Objective We investigate whether physicians in secondary care in the English NHS receive adequate training to recognise and appropriately refer for services those persons suspected to be victims of human trafficking. Design Freedom of Information requests were sent to the 105 England’s NHS Trusts delivering acute care in England. Setting NHS Trusts providing secondary care in England. Participants English NHS Trusts. Main outcome measures We requested data about the training provided on human trafficking to clinicians, including the nature, delivery, and format of any education, and any planned training. Results A total of 89.5% of the 105 Trusts responded. Of these Trusts, 69% provide education to physicians on human trafficking, and a further 6% provide training but did not specify who received it. The majority of Trusts providing training did so within wider safeguarding provision (91%). Only one trust reported that it provides stand-alone training on trafficking to all its staff, including physicians. Within training offered by Trusts, 54% observed best practice providing training on the clinical indicators of trafficking, while 16% referenced the National Referral Mechanism. Amongst those not providing training, 39% of Trusts report provision is in development. Conclusions Our results find that 25% of NHS Foundation Trusts appear to lack training for physicians around human trafficking. It is also of concern that of the Trusts who currently do not provide training, only 39% are developing training or planning to do so. There is an urgent need to review and update the scope of available training and bring it into alignment with current legislation.
Dissertations / Theses on the topic "Trusts and trustees – england"
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Elliott, Steven Ballantyne. "Compensation claims against trustees." Thesis, University of Oxford, 2002. http://ora.ox.ac.uk/objects/uuid:8bc46e2a-394d-4653-938a-fc1af4136450.
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The thesis examines the claims that may be brought against express trustees for pecuniary compensation. It contends that a difference of principle divides this conventional category in two. Some compensation claims complain that the trustee has breached one of his duties and seek to charge him with reparation for whatever ensuing loss has been suffered by the beneficial interests. These claims resemble claims for damages founded upon a tort or breach of contract. Other compensation claims overlook whatever breach there may have been and demand that the trustee account and perform the trusts, in money where this cannot be done in specie. This second type of claim resembles a claim for the specific performance of a contract, bearing in mind that specific performance may be given with compensation where the defendant cannot deliver what he has promised. The claims are cumulative subject to the principle of full satisfaction.
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Chuang, Jia-Jiann. "Financial performance reporting by NHS Trusts in England." Thesis, University of Aberdeen, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395050.
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This research examines financial reporting by National Health Service (NHS) Trusts in England. The particular aspects examined are financial reporting, financial performance and reporting of financial performance. National Health Service Trusts in England were examined over the period from 1991/92, the launch year of the NHS internal market, to 1997/98. The objectives of the research are to conduct an empirical examination of financial reporting and financial performance of NHS Trusts in England. The research methodology involved: collecting data; piloting a study on Northern & Yorkshire NHS Trusts: examining financial reporting; identifying research questions; and testing hypotheses in order to make generalisations from the pilot study to the whole of England. The discussion of financial reporting seeks to identify financial reporting styles of NHS Trusts. The research found that most Trusts prefer publishing an annual report with financial highlights (Repfh) and separate audited annual accounts (Sepac), rather than an annual report including full audited annual accounts (Repac). Regarding the financial performance of Trusts, it is found that they have faced difficulties in achieving their three financial duties, especially the 6% financial target and break-even requirement. The majority of Trusts disclosed detailed financial information, such as that relating to the 6% and break-even targets in Sepac, but not in Repfh. While Repfh documents usually fail to reveal detailed financial information, Sepac documents are often not available in practice. Moreover, the Summarised Account of NHS Trusts and the associated Comptroller and Auditor General's Report failed to provide comprehensive and consistent financial information, especially on the three financial targets. Furthermore, incomplete information in many documents and the obscuring of Trust performance by adjustments have increased difficulties for users attempting to understand the real financial performance of NHS Trusts. These practices hinder accounting research on NHS financial performance.
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Kaur, Jaswinder. "Choice of law rules for testamentary trusts." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4978/.
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This thesis critically analyses the English choice of law rules for testamentary trusts. After outlining the research context (Chapter 1), the key concepts and terms for testamentary trusts in cross-border estates are introduced (Chapter 2). The dual system of choice of law rules (one for testate succession and the other for the trust) are discussed with reference to reads 'rocket and rocket-launcher' illustration that has been favoured by legislators and commentators alike. Thus, the current choice of law rules for testate succession matters are analysed in Chapter 3 and the choice of law rules for trusts are examined in Chapter 4. This leads to Chapter 5 concluding that the choice of law rules for the creation of testamentary trusts (the rocket-launching aspects) are particularly problematic. The discussion thereafter focuses on how the choice of law rules for the rocket-launching aspects of testamentary trusts could be improved with reference to the international and European reform attempts to legislate on succession and trusts, including the Hague Succession Convention and the European Succession Regulation (Chapter 6). Moreover, the limited UK reform attempts relevant to the choice of law rules for testamentary trusts are discussed in Chapter 7. Chapter 8 proposes recommendations for reform.
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Evershed, William Anthony. "Party and patronage in the Church of England, 1800-1945 : a study of patronage trusts and patronage reform." Thesis, University of Oxford, 1985. http://ora.ox.ac.uk/objects/uuid:a5385611-8697-4597-bd9d-7bae63a4da64.
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This Thesis examines the emergence of party patronage trusts in the nineteenth-century Church of England, their relation to, and their effect upon patronage reforms of the period; and their increasing unpopularity in the twentieth century. It suggests that their existence was a necessary precaution for the free development of the religious movements within Victorian Anglicanism, and that they contributed to the improvement in clerical standards, which helped to fuel the call for patronage reform in the final quarter of the century. Arguing that the Church of the early days of the Enabling Act was idealistic in its attempts to end sales of patronage, it attempts to demonstrate that the increase in sales of patronage was not the fault of trusts in general, but of one in particular, and qualifies some of the statements which have been made about patronage in this period. Various holders of party patronage are examined, in a more fully comprehensive survey than has been attempted before. Following the Introduction, Chapter 1 describes the origins of patronage in England, and its state at the start of the nineteenth century. Chapter 2 deals with the calls for reform of that century, culminating in the Benefices Act 1898. In Chapter 3 the story is continued to 1945, and the Benefices Measures of the 1920s and 30s are analysed. This legislative background supports the material in later chapters. Chapter 4 is concerned with Simeon's Trust as the earliest patronage trust, and Chapter 5 analyses the other trusts, and their rates of expansion. Chapter 6 examines the rise and fall of the Martyrs' Memorial Trust under the Rev. Percy Warrington, demonstrating its responsibility for much of the bad feeling towards trusts in the 1920s, and suggesting that the more controversial views of patronage at the time, and later, derive from a misunderstanding of the nature of trust patronage. In Chapter 7, the patronage of Keble College is used as an example of the day-to-day workings of trust patronage, and to indicate that party trusts were and are, in general, no more open to accusations than any other holders of patronage. The thesis is the first attempt to offer an overall view of party patronage, and concludes that opponents of such patronage have, perhaps, more of a case to establish than they might like to think.
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Pritchard, Stephen G. "The social construction of landscape scale conservation projects as delivered by The Wildlife Trusts in England." Thesis, University of Gloucestershire, 2017. http://eprints.glos.ac.uk/5712/.
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Wildlife conservation in England is in transition because nature reserve based conservation has three weaknesses. They have not reversed biodiversity decline, nor do they provide the means for species to move across the landscape in response to climate change, and most reserves are too small to be part of an ecosystem approach to conservation. Landscape scale conservation (LSC) addresses these deficiencies. Therefore, the purpose of my thesis was to understand the meaning of LSC as implemented in the Living Landscapes schemes of The Wildlife Trusts (TWT) movement in England. My research also examined the governance and management of these schemes. I used a constructivist approach to investigate the institutions and discourses of Living Landscapes. To do this, I conducted an email survey of the 36 Trusts in England and then studied the available documentation that describes Living Landscapes. Then I carried out a series of in-depth interviews with stakeholders associated with five Wildlife Trusts. The purpose of these interviews was to understand what their Living Landscape schemes meant to these stakeholders. The email survey and subsequent document study revealed the range and type of Living Landscapes across England. LSC is complex, suggesting that ecosystem services are too intricate a typography to assign to these schemes. I developed an understanding of what is meant by LSC through the lens of stakeholders in Living Landscapes. I examined TWT’s LSC vision which revealed the discourses and formal and informal institutions of Living Landscapes. I also examined Lockwood’s framework for LSC governance, one of LSC’s institutions. My research examined the Wildlife Trust movement’s approach to delivering LSC. Two types of institutions are evident, informal institutions define the physical attributes of Living Landscapes, whilst formal institutions are characteristic of their governance and management. Its key discourses of conservation, education and community engagement define Living Landscapes, whilst ecosystem services emerged as a new discourse to reflect the multifaceted cultural and historical elements in the landscape. TWT’s once insular approach to governance is in transition to a pluralistic model that encourages greater community involvement. Therefore, if LSC is to be a template for successful conservation it must embrace a wider definition of both conservation and governance.
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Savage, Susan. "A study of the early implementation of the community matron policy in three Primary Care Trusts in England." Thesis, University of Manchester, 2012. https://www.research.manchester.ac.uk/portal/en/theses/a-study-of-the-early-implementation-of-the-community-matron-policy-in-three-primary-care-trusts-in-england(0aef40ef-9c4f-4350-9603-2d98b5e6f08b).html.
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This thesis presents a qualitative multiple case study which examines the early implementation of the community matron policy in three primary care trusts in England. The community matron was a new role in nursing, introduced by the Department of Health in 2004, as part of its strategy for the management of long term conditions (DH, 2005e). There was a paucity of research literature underpinning the policy and the implementation of the community matron role in England. A descriptive multiple case study was used as it generates a richness of data using multiple data collection methods, ideally positioned to investigate phenomena in context and contemporaneously. In addition to documentary material, 49 participants were recruited across the three case study sites, from community matrons, active case managers, health and social care colleagues and patients. A total of 30 interviews, 33 observations and one focus group were undertaken between 2006 and 2008. Framework Analysis was used to interpret the data and critical sensemaking was applied as a heuristic to gain insight into the findings.This study explored the early role implementation from the perspective of the community matron. It found that the community matron role had been adopted with regard to the national model but there was variation in its implementation between case study sites, seen in service structures, eligibility criteria and caseload management. Practitioners had exercised professional discretion to flex local service models to fit their ways of practice and professional decision making, although this may not have been conscious behaviour. They also expanded the role to include psychosocial support, beyond the nationally defined functions. Advanced practice was integral to the role; whilst there appeared to be a medical influence on this aspect of role development; practitioners had adopted traditionally medical tasks and incorporated them into nursing practice, making such roles their own. Community matrons described experiencing resistance to the role initially from some district nurses and GPs, outlining how they adopted strategies to address these and promote acceptance of the role. As such, individual community matrons were the key change agents. They experienced dissonance between organisational values and professional values, which they addressed by reinterpreting collective targets such as reducing hospital admissions into individual patient outcomes related to improved quality of life. Critical sensemaking gives a unique perspective on the implementation of national policy, through the lens of the community matron, highlighting the experience of nursing role development at an individual and team level, and the ways in which variation can occur. Further research is needed into nursing policy implementation to better understand the processes at play nationally and organisationally. Critical sensemaking might be used to inform how implementation can be effective and sustainable.
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Gerova, Vania Nikolova. "Association between mode of birth, staffing and structural characteristics in NHS trusts with maternity services in England (2010/11)." Thesis, King's College London (University of London), 2014. http://kclpure.kcl.ac.uk/portal/en/theses/association-between-mode-of-birth-staffing-and-structural-characteristics-in-nhs-trusts-with-maternity-services-in-england-201011(05474111-c115-4e7f-9c13-2908d8d7f64c).html.
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Background: Growing international research evidence, mainly from the acute general service sector, suggested that there was a strong link between nurse staffing and patient outcomes. There was a gap in the literature addressing other clinical and non-clinical workforce groups outside acute hospitals. Aim: To investigate the relationship between mode of birth and maternity staffing levels in NHS trusts in England, after accounting for maternal socio-demographic characteristics, individual clinical risk and structural characteristics including type and configuration of trusts. Method: This cross sectional study used Hospital Episode Statistics (HES) 2010/11 and NHS Information Centre 2010/11 maternity workforce datasets. The study population comprised women aged 15-45, who were nulliparous and had a term, singleton, live birth (n=261,481 deliveries in 143 NHS trusts for emergency caesarean section and instrumental deliveries; and n=214,920 deliveries in 127 NHS trusts for normal birth). Multilevel logistic models were fitted separately for each outcome. Risk-adjustment for case mix included maternal age, ethnicity, IMD, gestational age, birth weight and NICE 2007 derived definition of clinical risk. Standardized FTE/birth ratios for obstetricians, midwives, healthcare assistants and other trust characteristics were used as trust level predictors. The percentages of the total variation in outcomes attributable to between trusts variation were calculated. Results: For this sample of women only around 2% of the residual variation in outcomes was due to unobserved trust characteristics. Between trusts and for all women, the standardized consultant FTE/birth ratio was positively related to the probability of instrumental delivery (OR=1.08, 95%CI 1.03-1.13, p < .05), and the standardized midwives FTE/birth ratio was positively related to the probability of normal birth (OR=1.06, 95%CI 1.01-1.11, p < .05). 1 SD increase in FTE doctors increased the odds of emergency CS for high risk women by 5.1% (OR=1.05, 95%CI 1.01-1.10, p < .05); while 1 SD increase in FTE midwives increased the odds of normal birth for low risk women by 7.6% (OR=1.08, 95%CI 1.02-1.14, p < .05). Conclusion: The analyses established significant independent effects of staffing on the three outcomes, although only a small percentage of the total variability in the outcomes was attributable to variations between trusts. The positive association between midwifery staffing and normal birth has policy implications in terms of current and future investment in the profession. More than anything else, women’s outcomes were determined by their characteristics and clinical risk. Other unaccounted for factors such as obesity, smoking, organisational culture and models of care may be able to explain further the variations in outcomes.
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Palmili, Luca. "Factors influencing national implementation of online computer-aided cognitive behaviour therapy in Primary Care Trusts across England : a mixed-methods study." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/factors-influencing-national-implementation-of-online-computeraided-cognitive-behaviour-therapy-in-primary-care-trusts-across-england(d6a629b5-5984-49e2-a911-03b40632789b).html.
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Many Primary Care Trusts (PCTs) across England adopted NICE-recommended Computer-aided CBT (CCBT) FearFighter™ (FF) for panic/phobia. FFwas clinically and cost-effective in open and randomised controlled trials, but factors affecting its national implementation in the NHS deserve investigation. This mixed-methods study examines factors influencing patients’ uptake, completion rates and clinical improvement with FF at 3 levels: i) PCT (macro); ii) Service Provider (meso); iii) Supporter (micro). Thirty PCTs participated (out of 61 which purchased FF}, totalling 37 teams. Staff from 30 teams were interviewed, as were 6 Nurse Advisors (NAs; company staff supporting FFs implementation). All interviews were analysed with Greenhalgh et al’s (2005) model for the diffusion of innovations in health care organisations. The NAs reported activity (training, workshops, surgery visits), and levels of involvement for each PCT. All 37 Leads reported screening/assessment procedures, other interventions offered, and barriers and boosters. Across the 37 teams, 171 supporters reported length and type of support offered to FF patients, training details, treatment preferences, and opinions about CCBT. Anonymised outcome data for 3,528 FFNHS patients were extracted. Three factors (past experience of the Lead, number of self-help books available and length of assessment) explained 76% of the variance in FPs uptake. Availability of specific self-help books reduced FF completion rates. Phone screening associated negatively with FF clinical improvement. At Supporter level, past experience of CCBT associated with less usage of FF. A flexible and adaptive PCT structure (as rated by the NAs) predicted higher FF uptake. The qualitative analysis revealed that alternative interventions, Supporters’ attitudes and organisational issues were the 3 main barriers to implementation. Like any innovation, CCBT faces obstacles when implemented in routine care.Attention is needed to how CCBT fits with existing interventions and to the background and attitudes of staff delivering it.
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Chan, Kathryn. "The public-private nature of charity law in England and Canada." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a77dd8a0-9a94-46f0-9e83-761103f45655.
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This thesis examines various aspects of English and Canadian charity law in terms of their relationship with the contested categories of ‘public law’ and ‘private law’. It argues that the law of charities can be regarded as a hybrid legal discipline in both a general or categorical sense, and in the context-specific or functional sense that both the conditions for obtaining charitable status, and the regulation of the conduct of charities and their trustees, are continually being adjusted in such a way as to maintain in a broad sense a functional equilibrium between individual project pursuit and collective project pursuit; that is to say, an equilibrium between the protection of the autonomy of property-owning individuals to control and direct their own wealth, and the furtherance of competing public interests or visions of the good. After sketching out the history and nature of the common law charities tradition and the contemporary English and Canadian regulatory regimes, the thesis pursues its analytical and comparative hypotheses by examining two important features of English and Canadian charity law, the public benefit doctrine and the rules of locus standi that determine who may seek relief for misapplications of charity property. It then addresses the comparatively modern issue of the governmental co-optation of charitable resources, considering to what extent modern pressures associated with the retrenchment of welfare states threaten to destabilize charity law’s hybrid equilibrium in EW and Canada. The thesis then turns to the emerging phenomenon of social enterprise, arguing that shifts to charity law’s functional equilibrium may explain the emergence of this ‘post-charitable’ legal form. The thesis concludes with some observations on the hybrid nature of the law of charities, and on the different functional equilibriums between individual project pursuit and collective project pursuit that have been reached by English and Canadian charity law.
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Ibarra, Garza Rafael. "La protection du patrimoine fiduciaire-trust fund : (étude comparée : Droit français-Droit anglais)." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020012/document.
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La constitution d’une fiducie-trust a comme effet la création d’une universalité juridique, le patrimoine fiduciaire-trust fund. De cette universalité, les bénéficiaires-cestuis que trusts tirent les avantages que le constituant-settlor a prévu pour eux ; ainsi pour qu’ils puissent obtenir leurs avantages, il faut que le patrimoine fiduciaire-trust fund soit en bon état. D’où l’importance d’avoir des moyens adéquates qui protègent le patrimoine fiduciaire-trust fund. Dans le cas contraire, les possibilités que le but d’une fiducie-trust déterminée soit réalisé se réduisent, et l'efficacité de l'ensemble de l'institution est remise en question. La protection du patrimoine fiduciaire-trust fund commence par des moyens qui évitent à cette universalité d’être endommagée. Puisque toute action, comme toute inaction du fiduciaire-trustee, peut avoir des effets négatifs sur le patrimoine fiduciaire-trust fund, il faut empêcher qu’il endommage cette universalité. A l’égard du fiduciaire-trustee, le patrimoine fiduciaire-trust fund encourt deux dangers : non seulement que le fiduciaire-trustee agisse dans un intérêt autre que celui des cestuis que trusts, mais aussi qu’il soit négligent dans l’exécution de ses obligations. Pour faire face à ces dangers, et empêcher que le patrimoine fiduciaire-trust fund soit endommagé par le fiduciaire-trustee, deux obligations lui sont imposées : le devoir de loyauté-duty of loyalty et le devoir de diligence-duty of care. D’autre part, si le patrimoine fiduciaire-trust fund peut être endommagé par le fiduciaire-trustee, il peut aussi être endommagé par des tiers. La protection à l’égard des tiers commence en faisant du fiduciaire-trustee le titulaire des droits mis en fiducie-trust (s’il s’agit d’une propriété, il sera propriétaire ; s’il s’agit d’une créance, il sera créancier) ; elle se poursuit en rendant les biens fiduciés, et donc le patrimoine fiduciaire-trust fund, indépendants du patrimoine du fiduciaire-trustee.Bien qu’il existe des moyens préventifs de protection du patrimoine fiduciaire-trust fund, ces moyens ne sont pas infaillibles. Ainsi, quand le patrimoine fiduciaire-trust fund est endommagé, il est nécessaire que le constituant et les bénéficiaires-cestuis que trusts disposent de recours pour faire face aux préjudices soufferts par cette universalité. Parmi les moyens curatifs de protection, on en trouve de nature personnelle : ceux dont les remèdes visent l’exécution en nature de la fiducie-trust et ceux qui visent la réparation du patrimoine fiduciaire-trust fund. Pour réparer le dommage causé au patrimoine fiduciaire-trust fund, on trouve aussi des remèdes de nature réelle. Si le droit anglais offre de vrais remèdes réels, en revanche le droit français offre de « faux » remèdes réels puisque, même si ces remèdes ne sont pas stricto sensu des remèdes réels, ils ont des effets analogues aux remèdes du droit anglaisThe constitution of a fiducie-trust has the effect of creating a patrimoine fiduciaire-trust fund. Because the beneficiaries obtain their benefits from the patrimoine fiduciaire-trust fund it has to be in a condition that permits them to obtain those benefits. Hence the importance of having adequate means to protect the patrimoine fiduciaire-trust fund. The protection of the patrimoine fiduciaire-trust fund starts by preventing it from being harmed. Since any action or any inaction of the fiduciaire-trustee can have negative effects on the patrimoine fiduciaire-trust fund, it is necessary to begin by protecting it from the fiduciaire-trustee. There are two situations which have been proven to be dangerous to the patrimoine fiduciaire-trust fund: a) when the fiduciaire-trustee acts in an interest other than that of those of the beneficiaries and b) when the fiduciaire-trustee is negligent in the performance of his obligations. To cope with these two problems and to prevent the patrimoine fiduciaire-trust fund from being damaged by the fiduciaire-trustee, two obligations are imposed upon him: a) the devoir de loyauté-duty of loyalty and b) the devoir de diligence-duty of care. If the patrimoine fiduciaire-trust fund is at risk of the actions of the fiduciaire-trustee, it is also at risk of the actions of third parties. The protection of the patrimoine fiduciaire-trust fund from third parties begin by the ownership of the fiduciaire-trustee and continues by separating the patrimoine fiduciaire-trust fund from the personal property of the fiduciaire-trustee. Because the preventive measures that protect the patrimoine fiduciaire-trust fund are not infallible, it is necessary that the constituant and the beneficiaries have access to legal remedies for when the patrimoine fiduciaire-trust fund has been damaged. Among the remedial protection are those of personal nature, including remedies for specific enforcement of the fiducie-trust and those that tend to repair the patrimoine fiduciaire-trust fund. To repair the damage caused to the patrimoine fiduciaire-trust fund there are also real remedies. If English law provides true real remedies, in contrast to French law offers "fake" real remedies because even if the nature of those remedies are not strictly real, they have similar effects to those offered by English law
Books on the topic "Trusts and trustees – england"
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Stebbings, Chantal. The private trustee in Victorian England. Cambridge, U.K: Cambridge University Press, 2002.
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French, Alan. A guide to local trusts in the South of England, 2008/09. 6th ed. London: Directory of Social Change, 2008.
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University of East Anglia. National Children's Bureau., ed. Children's Trusts Developing Integrated Services for Children in England: National Evaluation of Children's Trusts. Norwich: University of East Anglia, 2004.
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Anglia, University of East. Children's trusts: Developing integrated services for children in England. Norwich: University of East Anglia, 2004.
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Office, National Audit. Treasury management in National Health Service trusts in England. London: HMSO, 1994.
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Walshe, Kieran. All change?: Implementing clinical governance in NHS trusts in England. Manchester: Manchester Centre for Healthcare Management, 2003.
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Office, Great Britain Home, ed. The Regulation of charitable appeals in England and Wales: A consultation paper. London: Home Office, 1988.
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Great Britain. Parliament. House of Commons. Committee of Public Accounts. NHS Executive: The management of medical equipment in NHS acute trusts in England. London: Stationery Office, 2000.
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Britain, Great. National Health Service, England andWales: The National Health Service Trusts (Originating Capital Debt) Order 1993. London: HMSO, 1993.
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Britain, Great. National Health Service, England andWales: The National Health Service Trusts (Originating Capital Debt) Order 1996. London: HMSO, 1996.
Find full textBook chapters on the topic "Trusts and trustees – england"
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Bramwell, Donna, Kath Checkland, Jolanta Shields, and Pauline Allen. "2000s: Transforming Community Services." In Community Nursing Services in England, 61–73. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-17084-3_6.
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AbstractThe new millennium saw the publication of The NHS Plan in 2000, which bought a welcome focus to community health services (CHS) and the role of community nursing. We outline the proposals contained in the plan which furthered the quasi-marketisation of the NHS and increased commissioning of health care at the local level of Primary Care Trusts (PCTs)—replacing Health Authorities (HAs) and Primary Care Groups (PCGs). A further review by Lord Darzi and subsequent policy, Transforming Community Services: Enabling new patterns of provision (DoH, 2009) instigated the separation of commissioning/provision and laid out timetables for how PCTs were to do this. The long held roles of the district nursing service continues in this era, although not always clearly defined, understood or acknowledged and policy attempts to expand their remit feature heavily. This included more clinical tasks as well as focusing on such things as public health/health protection and promotion programmes that improve health and reduce inequalities. This chapter also describes the uncertainty for frontline nurses that the Transforming Community Services (TCS) brought in terms of who their employer would be or what management arrangements they would work under given the establishment of some standalone Trusts, some third sector and some combined acute/community Trusts. The aims of the TCS programme were bold but in reality achieved little by the end of the era.
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Hudson, Alastair. "The duties of trustees." In Equity and Trusts, 297–378. 10th ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003205784-11.
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Webb, Charlie, and Tim Akkouh. "Breach of trust and trustees’ liability." In Trusts Law, 333–57. London: Macmillan Education UK, 2008. http://dx.doi.org/10.1007/978-1-137-28818-9_12.
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Webb, Charlie, and Tim Akkouh. "Breach of trust and trustees’ liability." In Trusts Law, 310–31. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60693-8_13.
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Bramwell, Donna, Kath Checkland, Jolanta Shields, and Pauline Allen. "2010–2015: The Health and Social Care Act, NHS Fragmentation." In Community Nursing Services in England, 75–82. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-17084-3_7.
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AbstractA change of government in 2010 brought fresh NHS reforms and a new Health and Social Care Act (HSCA, 2012). Both, along with the 2014, Five Year Forward View (NHSE) set the tone for this Chapter. We discuss how the continued emphasis on competition between providers, and the introduction of Clinical Commissioning Groups (CCGs) which replaced Primary Care Trusts (PCTs) as commissioners of community services, impacted on community nursing service management and delivery. Policy shifted in favour of a more co-operative approach to service provision and familiar agendas were set out for keeping people out of hospital with reform based around integration between health care sectors and between health and social care services. There was little change on the ground for district nurses in this era despite increasing emphasis on integrated care, collaborative, cross-sector working (i.e. with LA social care) and multi-disciplinary team management of complex patients. The HSCA 2012 began to unravel almost as soon as it was enacted, with the emphasis on competition undermined by the Five Year Forward View shift towards integration between sectors as a dominant organising principle. Community Health Services (CHS) were, to some extent, protected from the fragmentation associated with the Act, and in terms of district nursing practice, this era generated little change with patterns of service provision remaining very much as they were following the upheaval generated by the Transforming Community Services agenda.
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Davies, Paul S., and Graham Virgo. "7. Constructive Trusts." In Equity & Trusts, 325–60. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198821830.003.0007.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on constructive trusts, which arise by operation of law without regard to the intentions of the parties. They are triggered by a defendant’s unconscionable conduct; however, in some cases, a constructive trust will be recognized even though the defendant has not acted unconscionably, such as the constructive trust that arises once a contract to sell land has been made. A remedial constructive trust is recognized by some jurisdictions, whereby equitable proprietary rights arise through the exercise of judicial discretion, but such a trust is not recognized in England and Wales. As with express trusts, title over particular property that is held on constructive trust is split between trustees and beneficiaries, but a constructive trustee is not subject to the same duties as an express trustee.
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Simpson, Charles. "Gibraltar." In International Trust Disputes, Second Edition. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198832737.003.0024.
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The main statutory provisions in Gibraltar are: the Trustees Act 1895 as amended, which is based on early versions of trust legislation in England and the Trusts (Private International Law) Act 2015 which came into force on 17 September 2015. In addition, Gibraltar is a common law jurisdiction and English common law and the rules of equity are applied in accordance with section 2(1) of the English Law (Application) Act 1962.
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"Transgressions by trustees." In The Private Trustee in Victorian England, 163–97. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9780511495458.008.
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"Trustees in the commercial context." In The Private Trustee in Victorian England, 128–62. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9780511495458.007.
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Virgo, Graham. "6. Charitable Trusts." In The Principles of Equity & Trusts, 157–200. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854159.003.0006.
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This chapter examines charitable trusts in England. It discusses the advantages and disadvantages of being a charitable trust and explains the conditions that must be met in order for a trust to be considered charitable. The chapter considers the different meaning of a charitable purpose as it has been defined in cases and by statute, such as for the advancement of education or religion and the relief of poverty. It examines the meaning of the public benefit requirement and also considers the requirements that purposes must be exclusively charitable. This chapter also considers the cy-près doctrine which applies where a charitable purpose has failed initially or subsequently.
Conference papers on the topic "Trusts and trustees – england"
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Clifton, Ian, Patrick Dennison, James McCreanor, Sean Parker, and Dominick Shaw. "Emergency asthma care in England: Themes identified during audits at five hospital trusts." In ERS International Congress 2016 abstracts. European Respiratory Society, 2016. http://dx.doi.org/10.1183/13993003.congress-2016.pa353.
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Constantinides, Michalis. "System-Level Leadership in Multi-Academy Trusts in England: The Role of Executive Leaders." In 2021 AERA Annual Meeting. Washington DC: AERA, 2021. http://dx.doi.org/10.3102/1690388.
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McGinity, Ruth. "Exploring Agency, Vision, and Community in the Establishment and Development of Multi-Academy Trusts in England." In 2020 AERA Annual Meeting. Washington DC: AERA, 2020. http://dx.doi.org/10.3102/1574224.
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Siva, Naren, Joseph Ward, and Anne-Lise Goddings. "315 What paediatric inpatient services provide for adolescents: a service evaluation of acute NHS trusts in England." In Royal College of Paediatrics and Child Health, Abstracts of the RCPCH Conference, Liverpool, 28–30 June 2022. BMJ Publishing Group Ltd and Royal College of Paediatrics and Child Health, 2022. http://dx.doi.org/10.1136/archdischild-2022-rcpch.822.
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Mears, Ruth, Sofia Leadbetter, Toby Candler, Hannah Sutton, Debbie Sharp, and Julian Hamilton-Shield. "989 A cross-sectional survey of child weight management service provision by acute NHS trusts across England in 2020." In Royal College of Paediatrics and Child Health, Abstracts of the RCPCH Conference, Liverpool, 28–30 June 2022. BMJ Publishing Group Ltd and Royal College of Paediatrics and Child Health, 2022. http://dx.doi.org/10.1136/archdischild-2022-rcpch.448.
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Sharples, PM, L. Shuyu, A. Spray, and HK Smith. "G61(P) What should trusts charge NHS England to deliver specialist inpatient neurorehabilitation in the setting of a regional paediatric neuroscience centre?" In Royal College of Paediatrics and Child Health, Abstracts of the RCPCH Conference–Online, 25 September 2020–13 November 2020. BMJ Publishing Group Ltd and Royal College of Paediatrics and Child Health, 2020. http://dx.doi.org/10.1136/archdischild-2020-rcpch.47.
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Бельцер, А. А. "Richard Fox, Bishop of Durham, and the Anglo-Scottish Border at the Turn of the XV–XVI Centuries." In Конференция памяти профессора С.Б. Семёнова ИССЛЕДОВАНИЯ ЗАРУБЕЖНОЙ ИСТОРИИ. Crossref, 2023. http://dx.doi.org/10.55000/semconf.2023.3.3.006.
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Статья посвящена участию Ричарда Фокса, в бытность его епископом Даремским, в управлении англо-шотландским пограничьем. Земли, граничащие с Шотландией, доставляли серьезное беспокойство Лондону. Фокс был одним из наиболее верных сторонников Генриха VII, поэтому его назначение в Даремскую епархию преследовало цель поставить северные земли под более жесткий контроль короны. Даремская епархия всегда играла важную роль в управлении пограничных земель и их обороне. Даремский палатинат служил источником пополнения как для войск, так и для гражданской администрации. За время своего пребывания на севере Фокс проявил себя не только как гражданский, но и военный администратор. Он получил посты в пограничной администрации, должности в местной системе управления. Епископ служил посредником между персоналом пограничной администрации и монархом. Принял Фокс участие и в столкновениях с шотландцами, венцом которых стала оборона замка Норэм. Кроме того, он регулярно принимал участие в переговорах с шотландцами. Фокс сыграл важную роль в успехе переговоров о браке шотландского короля с английской принцессой Маргаритой. Деятельность Ричарда Фокса, епископа Даремского в управлении пограничными землями демонстрирует особенности королевской политики в северных землях при первом Тюдоре. Генрих VII предпочитал в проблемных регионах обращаться к помощи доверенных людей, зачастую не имеющих связей с местными элитами. Представители духовенства в этом плане обладали рядом преимуществ. Они были значительно меньше окружены родственниками и в большей степени зависели от монарха. Высокая степень доверия со стороны короля позволила епископу превратиться в фактического наместника короны в Нортумберленде. Должности в пограничной администрации, равно как и в различных местных комиссиях только легализовали данное положение дел. This article focuses on Richard Fox's involvement as Bishop of Durham in the management of the Anglo-Scottish border. The lands bordering Scotland were a serious worry for London. Fox was one of Henry VII's most loyal supporters, and his appointment to the Diocese of Durham was to bring the north more firmly under Crown control. The Diocese of Durham had always played an important role in administering and defending the borderlands. Durham Palatine served as a source of replenishment for both troops and civil administration. During his time in the north, Fox proved himself not only a civilian but also a military administrator. He secured posts in border administration, posts in local government. The bishop mediated between the staff of the border administration and the monarch. Fox also took part in battles with the Scots, culminating in the defence of Norham Castle. He was also regularly involved in negotiations with the Scots. Fox was instrumental in the successful negotiation of the marriage between the King of Scotland and Princess Margaret of England. The activity of Richard Fox, Bishop of Durham, in administering the borderlands shows the peculiarities of royal policy in the north under the first Tudor. Henry VII preferred to enlist the help of trusted men in troublesome regions, often with no links to local elites. The members of the clergy had many advantages in this regard. They were far less surrounded by relatives and more dependent on the monarch. The high degree of royal confidence allowed the bishop to become the de facto vicar of the Crown in Northumberland. Positions in border administration, as well as in various local commissions, only legitimized this state of affairs.
Reports on the topic "Trusts and trustees – england"
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Survey of health and social care setting food businesses on implementation of the FSA Listeriosis Guidance. Food Standards Agency, May 2023. http://dx.doi.org/10.46756/sci.fsa.djg946.
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Food safety is a crucial component of protecting the wellbeing of those in the care of health and social care organisations. Incidents, such as the 2019 listeriosis outbreak associated with pre-packed sandwiches supplied to hospitals in England, from which seven patients died of listeriosis, underline the risk of the disease and the serious consequences that a breach in standards can have. Vulnerable consumers - whose immune systems are weakened in some way - are particularly susceptible to listeriosis and the disease has a high hospitalisation and fatality rate, compared to infections with other bacterial pathogens. The bacterium which causes listeriosis, Listeria monocytogenes, is acutely challenging to control as it has the potential to grow at low temperatures and can survive freezing. As such, L. monocytogenes must be controlled in any health or social care (HSC) organisation that provides chilled ready-to-eat food for vulnerable groups. The Food Standards Agency (FSA) guidance on ‘Reducing the risk of vulnerable groups contracting listeriosis (Opens in a new window)’ concentrates on preventing the spread of listeriosis, from preparation to consumption, in chilled ready-to-eat food. The review set up following the 2019 listeriosis outbreak - the Independent Review of NHS Hospital Food (Opens in a new window), contained recommendations on food safety for NHS trusts to take on board. The FSA also committed to assess its own guidance in response to the 2019 outbreak. Social research was commissioned as part of the FSA’s response. This report covers findings from 39 respondents within NHS Trusts and 445 from Health and Social Care (HSC) (non- NHS Trust) settings, such as nursing homes, home care service providers and hospices, in England, Wales and Northern Ireland. The research objectives for the surveys of health and social care settings and NHS Trusts were to: Measure awareness of the FSA guidance on listeriosis Find out how well the FSA guidance on listeriosis is implemented Understand barriers to implementing the guidance in full Understand good practice in implementing the guidance Understand HSC stakeholders’ perceptions of the effectiveness and suitability of the guidance