Reference by consent – Purported assignment of tenancy without deed – Estoppel by representation or convention – No reliance to detriment – Limited application of Law of Property Act,1925, s.144 – Surrender and regrant – No unequivocal act accepting end of tenancy – Unprofessional conduct not amounting to unconscionable conduct Citations: [2000] EWLands CON – … Continue reading St John’s Hospital Trustees v Keevil and Another: LT 27 Nov 2000
The original trustees had puported to appoint to act in their stead a company and an individual. The beneficiaries said that the trust deed required two individuals, and a trust corporation was not such. Held: The word ‘individuals’ in section 37(1)(c) of the 1925 Act had to be given its natural meaning, within its legislative … Continue reading Jasmine Trustees Ltd and others v Wells and Hind (A Firm) and Another: ChD 19 Jan 2007
Appeal by the Defendants against an order declaring that the flank wall of 39HP which adjoins the Garden is a party wall within the meaning of section 38(1) of the 1925 Act and of section 20 of the 1996 Act. The issue on the appeal is whether the judge was right to make those declarations … Continue reading Wellington Properties Ltd v Second Duke of Westminster, Trustees of The Will of and Another: ChD 13 Nov 2018
The company found itself unable to fund the pension scheme it had committed itself to. If it sought to pay the money due, the company would have to go into liquidation. It did not meet the minimum funding requirements of the Act. The company proposed a scheme of compromise with the trustees. Held: There was … Continue reading Bradstock Group Pension Scheme Trustees Ltd v Bradstock Group plc and Others: ChD 17 Jun 2002
The district auditor for Poplar Council had surcharged council members for making payments of a minimum wage of andpound;4 a week to their lowest grade of workers. This was notwithstanding that the cost of living had fallen during the year from 176% to 82% above its pre-First World War level. The council was motivated by … Continue reading Roberts v Hopwood: HL 1925
It was not possible for two trustees to retire, and be replaced by and leaving only one trustee, not being a trust corporation. The two trustees were not therefore discharged from the trust, and the solicitors who had advised them in the exercise had been negligent. A discharge of the second trustee could only be … Continue reading Adam and Company International Trustees Ltd and Others v Theodore Goddard (A firm): ChD 17 Mar 2000
The complainant has requested some information about the meetings of transition trustees and connected data. He received no response. The Commissioner gave British Waterways a number of opportunities to issue an appropriate response and it failed to do so. The Commissioner’s decision is that British Waterways has breached the requirements of section 1(1) in not … Continue reading British Waterways (Decision Notice) FS50419259: ICO 9 Feb 2012
Complex family trusts had been created over many years. Various documents were now disputed, and particularly the extent of land demised by a lease, and whether a surender of a lease had occurred. Landslides had disturbed the boundaries of the land. An arbitrator had decided the new rent on the basis of his own findings … Continue reading Rysaffe Trustee Company (CI) Ltd and Another v Ataghan Ltd and others: ChD 8 Aug 2006
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment. Held: The words ‘writing under hand’ clearly required a signature, and the amendment was ineffective. No estoppel arose as against the members: ‘An avoidance of pedantry, … Continue reading Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006
RESTRICTIVE COVENANT – modification – proposed mosque and madrasah – whether objector acting as a custodian of the public interest or as a landowner of adjoining and adjacent land – whether substantial practical benefits – traffic, parking, noise – breach – whether discretion should be exercised to refuse application – application granted subject to acceptance … Continue reading The Trustees of The Green Masjid and Madrasah Re Yardley Wood Road: UTLC 6 Aug 2013
The appeal raised two points as to restrictive covenants: (a) Statutory annexation – whether the covenant was unenforceable, because the land intended to be benefited by the covenant could be easily or fully ascertained as to situation or extent for the purposes of s.78(1) of the Law of Property Act 1925; and (b) Breach – … Continue reading Trustees of The Coventry School Foundation v Whitehouse and Others: CA 18 Jul 2013
The court was asked whether the conveyance of a farm out of which a tithe rentcharge issued carried with it, by reason of Section 63, the rentcharge itself. Held: The farm and the tithe rentcharge were two separate hereditaments and express words would be necessary to pass the rentcharge. The intention of the 1836 Act … Continue reading Public Trustee v Duchy of Lancaster: CA 1927
Regarding service of notices on the Public Trustee under Administration of Estates Act 1925. . .
RESTRICTIVE COVENANTS – DISCHARGE – three houses built on part of golf course – 30- year covenants restricting residential development without consent – objector having no retained land – price for consent not a practical benefit – no loss or . .
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Trustees applied to the court for orders under section 57(1) of the Trustee Act 1925, and under the court’s inherent jurisdiction, to extend their powers. . .
Judges: Mr Justice Morgan Citations: [2011] EWHC 2721 (Ch) Links: Bailii Statutes: Trustee Act 1925 57, Variation of Trusts Act 1958 1 Jurisdiction: England and Wales Trusts, Wills and Probate Updated: 23 November 2022; Ref: scu.447516
Citations: [2012] EWCA Civ 1626, [2013] PNLR 188 Links: Bailii Statutes: Trustee Act 1925 61 Jurisdiction: England and Wales Cited by: Cited – Schubert Murphy (A Firm) v The Law Society QBD 17-Dec-2014 The claimant solicitors’ firm had acted in a purchase, but the vendors were represented by fraudsters presenting themselves as solicitors, registering with … Continue reading Davisons Solicitors (A Firm) v Nationwide Building Society: CA 12 Dec 2012
Judges: Master Clark Citations: [2021] EWHC 624 (Ch) Links: Bailii Statutes: Trustee Act 1925 32 Jurisdiction: England and Wales Trusts Updated: 04 November 2022; Ref: scu.659935
Application to enable a settlement agreement to be made which would compromise and release all tracing and other claims between MF Global UK Limited (MFGUK) as trustee of the trust of client money and the general estate of MFGUK acting by its joint administrators. Held: There was nothing to exclude the statutory power of compromise. … Continue reading MF Global UK Ltd, Re Investment Bank Special Administration Regulations 2011: ChD 4 Jul 2014
Judges: Mann J Citations: [2009] EWHC 3270 (Ch), [2010] WTLR 335 Links: Bailii Statutes: Trustee Act 1925 57 Jurisdiction: England and Wales Trusts Updated: 04 October 2022; Ref: scu.384067
Major Stibbard had died appointing family members and a solicitor to act in his will. The family had become embroiled in bitter litigation. The defendants were appointed administrators with will annexed. As personal representatives of the last surviving trustee of the legal estate, the defendants had the power to appoint new trustees of the various … Continue reading Oliver, Iliffe v Trafford and Another: ChD 19 Dec 2001
Judges: Nicholas Strauss QC J Citations: [2009] EWHC 2129 (Ch), [2010] 1 All ER (Comm) 81, [2009] BPIR 1478 Links: Bailii Statutes: Trustee Act 1925, Cross-Border Insolvency Regulations 2006 Jurisdiction: England and Wales Cited by: Appeal from – Rubin and Another v Eurofinance Sa and Others CA 20-Jul-2010 The Court considered whether the principle of … Continue reading Rubin and Another v Eurofinance Sa and Others: ChD 31 Jul 2009
G executed a deed surrendering his life interest in a trust fund in order to vest the property in his two children: the deed did not have that effect because of two errors (one of which was ignoring the fact that his life interest was subject to protective trusts), with the result that the fund … Continue reading Gibbon v Mitchell: ChD 1990
Judges: Lord Justice Auld, Lord Justice Robert Walker, Lady Justice Arden Citations: [2002] EWCA Civ 1077 Links: Bailii Statutes: Trustee Act 1925 61 Jurisdiction: England and Wales Wills and Probate Updated: 29 August 2022; Ref: scu.174427
Judges: Deputy Master Raeburn Citations: [2022] EWHC 2132 (Ch) Links: Bailii Statutes: Trustee Act 1925 44(ii)(c) Jurisdiction: England and Wales Trusts Updated: 27 August 2022; Ref: scu.680309
Parties had entered into a shareholders’ agreement as to voting arrengemets within a company. Thay disputed whether votes had been used in reach of that agreement, particularly as to the issue of new shares and their allotment, but the court now considered whether the claim was out of time. That issue depended upon whether a … Continue reading Halton International Inc (Holding) and Another v Guernroy Ltd: ChD 9 Sep 2005
Family money had been placed into a trust to be managed by a bank. It was said that the bank had wrongly advanced money to the daughter allowing her to fritter away large parts of the capital Held: The bank had misunderstood the power of advancement given, and was liable to replace nearly pounds 15,000 … Continue reading Re Pauling’s Settlement Trusts: ChD 1962
The court discussed the duties of a vendor to the property between exchange and completion: ‘These duties and rights [of a purchaser] arise from the contract of sale and it is because of their existence that the vendor is said to be a constructive trustee, or a trustee sub modo, of the estate for the … Continue reading Berkely v Poulett: CA 1977
A new trustee was to be appointed. The beneficiaries, all of full age and capacity wanted the remaining trustee to appoint someone they nominated. The trustee purported to exercise the discretion given to him in the trust deed and appointed someone else. Held: The court would not interfere in the exercise of a discretion properly … Continue reading In Re Brockbank: 1948
Matthews M [2016] EWHC 210 (Ch) Bailii Trustee Act 1925 41 England and Wales Trusts Updated: 12 January 2022; Ref: scu.561516
Briggs LJ [2014] EWCA Civ 183, [2014] PNLR 420 Bailii Trustee Act 1925 61 England and Wales Citing: Appeal from – Santander UK Plc v RA Legal Solicitors (A Firm) QBD 23-May-2013 The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the … Continue reading Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014
The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance declaring that the plaintiff and the defendant were to hold the proceeds of sale of the property ‘upon … Continue reading Goodman v Gallant: CA 30 Oct 1985
A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. The trustee was exempted from liability for loss or damage ‘unless such loss or damage shall be caused by his own actual fraud’. Held: The trustee was under no liability in absence of any dishonest intention. Millett LJ … Continue reading Armitage v Nurse; etc: CA 19 Mar 1997
HL Capital gains tax – Trustees of fund appointed out of main settlement under special powers- – Whether liable for chargeable gain accruing to trustees of unappointed residue – Finance Act 1965, s 25(11) – Sch 10, para 12.A claim was made for the payment of Capital Gains Tax. It was material to that claim … Continue reading Roome v Edwards: HL 5 Feb 1981
The beneficiary, a child was to inherit estates of his grandparents and parents, all of which were intestate. An application was made to vary the provisions in order to reduce the liability to Inheritance Tax. Held: A deferment of vesting might constitute a ‘benefit’ for the purposes of the 1958 Act, but it was an … Continue reading Wright and Another v Gater and Others: ChD 7 Nov 2011
Parents had each left a share of their estate to the bank on trusts for their disabled son. The revenue said that the gifts were caught by and taxable by virtue of sections 5, 49 and 89 of the 1984 Act, the residuary estates of both parents forming part of the son’s estate because section … Continue reading Barclays Bank Trust Company Ltd v Revenue and Customs: CA 14 Jul 2011
The claimant sought damages saying that the defendant firm of solicitors had failed to deal properly with a conveyance having paid across the mortgage funds to a non-existent firm of solicitors and without obtaining the appropriate documents at all. The defendant was not suspected of being involved in the fraud. The court was asked whether … Continue reading Lloyds TSB Bank Plc v Markandan and Uddin (A Firm): ChD 14 Oct 2010
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the trusts in remainder were void for perpetuity. Held: A trustee when exercising a … Continue reading Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974
The trustees proposed establishing a new trust in respect of the share of an estate to which an infant beneficiary had a contingent entitlement. A portion of the trust fund would be allocated to the new trust. Held: This was a lawful exercise of the statutory power of advancement. The new trusts must be read … Continue reading In Re Pilkington’s Will Trusts; Pilkington v Inland Revenue Commissioners: HL 8 Oct 1962
The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the borrower. The claim was for breach of trust, in not having exercised reasonable skill and care on their behalf. Andrew Smith J [2013] EWHC 1380 (QB) Bailii Trustee Act 1925 61 England … Continue reading Santander UK Plc v RA Legal Solicitors (A Firm): QBD 23 May 2013
The Society, a charitable company regulated by statute, requested that it be permitted inter alia, to consolidate various different trust funds of which it was trustee for investment and accounting purposes.
Held: The application did not come . .
The income of a fund was to be held on trust for the support or benefit of the members of a class as the trustees might decide in their discretion. The trustees resolved in each of three successive periods to distribute part of the income to certain . .
The trustees of a large settlement made by Lord Vestey and his brother Sir Edmund Vestey exercised their discretion over the allocation of income with the apparent intention of income being accumulated during the minorities of a number of . .
The claimant had paid money for a property, but the seller was a fraudster and no money or title was recovered. The claimant sued both his conveyancers and the solicitors who had acted for the fraudster, in each case innocently. The defendants each . .
The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002
The court discussed the duty of trustees to sell in the absence of unanimity: ‘The trust for sale will prevail, unless all three trustees agree in exercising the power to postpone.’ Judges: Simonds, J Citations: [1943] Ch 302 Statutes: Law of Property Act 1925 30 Jurisdiction: England and Wales Cited by: Cited – Jones v … Continue reading In re Mayo: ChD 1943
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
The court considered whether a deed of trust created a post nuptial settlement within the 1950 Act: ‘Inasmuch as the deed vested no property in trustees and created no successive legal or beneficial interests it had none of the attributes of a settlement which are familiar to conveyancing practitioners. It has, however, long since been … Continue reading Prescott v Fellowes: CA 1958
An administrator de son tort, who was also a beneficiary, held the estate property on trust, and so could not establish adverse possession against the estate during the period of trusteeship. He held a sufficient interest in the assets already. A delay in the application for the grant did not apply where time had not … Continue reading Earnshaw and Others v Hartley: CA 31 Mar 1999
The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits. Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant. Judges: Tuckey … Continue reading Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007
A was by will given a right to reside rent-free in a house. She left due to ill health, and the trustees for sale sold. The question was whether A was entitled to the income of the proceeds of sale on the ground that the house was settled land and A the tenant for life. … Continue reading Ayer v Benton: 1967
The court was asked as to the right of a third party to register charges on the disputed property under the provisions of the Land Registration Acts 1925 and 2002 against the opposition of a divorcing party, who relies on the Israeli judgments as establishing the relationship of trustee and beneficiary and an equal beneficial … Continue reading Shami v Shami: CA 20 Mar 2013
The trust was created in 1948, and provided gifts over, which had now failed. The court considered the construction of the term ‘stautory next of kin’. The possible beneficiaries claimed through being adopted, arguing that at the date of the last beneficary’s death, all impediments to inheritance by adopted children had been removed by statute. … Continue reading Re Erskine 1948 Trust: ChD 29 Mar 2012
A property had been bought in the husband’s name. The wife made financial contributions to repayment of the charge, and thereby acquired an interest in it. The property was later charged by the paper owner to the claimant, who sought possession under that charge. The wife resisted. Held: The discretion of court to order the … Continue reading Bank of Baroda v Dhillon and Dhillon: CA 17 Oct 1997
Beneficial equitable interests in land were overreached by a mortgage despite no the fact that no capital was actually advanced under the charge. Citations: Gazette 13-Nov-1996, Times 07-Nov-1996, [1996] EWCA Civ 835 Statutes: Law of Property Act 1925 2(1)(ii) Jurisdiction: England and Wales Citing: Cited – Williams and Glyn’s Bank Ltd v Boland CA 1979 … Continue reading State of India v Sood and Others: CA 30 Oct 1996
Mrs Moss inherited the former matrimonial home. Her daughter (L) suggested that she transfer it into their joint names to ease its transfer on her mother’s death. It was agreed the house would never be sold during Mrs Moss’s lifetime. L borrowed andpound;30,000 using the house as security and forged her mother’s signature on the … Continue reading Abbey National plc v Moss and Others: CA 1994
The deceased had died intestate in 1985, and the administration concluded only lately by the Official Solicitor, who now sought guidance from the court on the administration of the estate, given that he had been party to eight customary polygamous (but lawful) marriages, with associated numbers of children. Judges: Elleray QC J Citations: [2010] EWHC … Continue reading The Official Solicitor To The Senior Courts v Yemoh and Others: ChD 15 Dec 2010
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004
A scheme of arrangements was proposed on behalf of infant beneficiaries to three settlements. The object of the scheme was to avoid losses to the beneficiaries by reason of inheritance tax. Held: The court rejected the contention that it had an inherent jurisdiction to vary the beneficial interests in a trust fund designated by the … Continue reading In re Downshire Settled Estates: CA 1953
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been declared by the judge at first instance to be an equal owner with the husband … Continue reading Re Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks: CA 1991
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers. Held: ‘Vicarious liability is legal responsibility imposed on an employer, although he is himself free from blame, for a tort committed by his … Continue reading Lister and Others v Hesley Hall Ltd: HL 3 May 2001
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The claimant’s appeal succeeded at the Court of Appeal. Held: The Minister’s appeal failed. … Continue reading Cox v Ministry of Justice: SC 2 Mar 2016
Application for declarations relating to the enforceability, meaning and effect of a restrictive covenant. Held: The court stressed the dangers of allowing an overly commercial construction to override the clear language of the instrument. Citations: [2010] EWHC 3369 (Ch), [2011] 17 EG 72 Links: Bailii Statutes: Law of Property Act 1925 Jurisdiction: England and Wales … Continue reading Churchill v Temple and Others: ChD 22 Oct 2010
The parties had agreed in a contract for the sale and purchase of land to exclude the application of section 49(2). The buyer had failed to comply with a notice to complete. Held: The parties cannot contract out of section 49(2). The particular issue has not previously been considered. The section had been enacted after … Continue reading Aribisala v St James Homes (Grosvenor Dock) Ltd: ChD 12 Jun 2007
The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005
The parties each had a charge over a property, and now disputed which had priority. The brewery appealed an order for rectification of the registers to reverse priority on the basis of an estoppel. The charge in their favour had been registered first, but the respondents charge was intended to secure finance to repay it … Continue reading Scottish and Newcastle Plc v Lancashire Mortgage Corporation Ltd: CA 5 Jul 2007
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of the original creditors to sue was invalid without such consent since the assignment … Continue reading Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007
The House was asked whether the taxpayer association was established for ‘Charitable purposes only’ so as to benefit from tax exemptions. The association promoted sporting activities among members of the Glasgow police. Held: Though the purposes included charitable objects, they also included objects which were not charitable. Lord Normand: ‘what the Respondents must show in … Continue reading Inland Revenue Commissioners v Glasgow Police Athletic Association: HL 9 Mar 1953
The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006
The court upheld a declaration by the trial judge that the claimant was an equitable chargee under an equitable charge of the defendant’s property, notwithstanding that the claimant relied on an oral agreement by the defendant for the grant to the claimant of a charge on the property and which therefore did not comply with … Continue reading Kinane v Mackie-Conteh: CA 1 Feb 2005
The plaintiffs were Indian Chiefs from Canada. They complained that the 1982 Act which granted independence to Canada, had been passed without their consent, which they said was required. They feared the loss of rights embedded by historical treaties. The Attorney General sought the strike out of the claims. Held: The application for a strike … Continue reading Manuel and Others v Attorney-General; Noltcho and Others v Attorney-General: ChD 7 May 1982
The defendant had registered a caution against the claimant’s land at the Land Registry. The claimant sought its removal and now appealed an order for rectification of the register against him. The parties had reached oral agreements as to the boundaries. Though nothing was formalised, they were acted upon. The mutual benefit and burden issue … Continue reading Bhullar and Another v McArdle: CA 10 Apr 2001
Mr Sharp was the local land registrar with statutory duty to maintain the local registry, issuing certificates in response to search requests. A clerk who had been seconded by another Council to assist him negligently issued an inaccurate certificate to a prospective purchaser of land, omitting any reference to a claim to reimbursement of compensation … Continue reading Ministry of Housing and Local Government v Sharp: CA 1970
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
The deceased had assigned his coal merchant business to the respondent against a promise to pay andpound;5.00 a week to his widow whilst she lived. The respondent appealed an order requiring him to make the payments, saying that as a consolidating Act, the 1925 Act should not be read to change the common law. Held: … Continue reading Beswick v Beswick: HL 29 Jun 1967
A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing further charges. Held: The fact of occupation did not add to the parents’ rights as equitable … Continue reading City of London Building Society v Flegg And Another: HL 14 May 1987
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside … Continue reading Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000
A covenant on the sale of land for a public house provided that the vendor should not permit the building of licensed premises within half a mile. Held: The covenant operated personally only. The covenants which might be implied by the section to bind successors in title also, could not be implied where the commercial … Continue reading Morrells of Oxford Ltd v Oxford United Football Club Ltd and Others: CA 21 Jul 2000
A former partner in a firm could not set off sums due to him from the former partnership, against sums expended by remaining partners in acting to protect partnership property, and claimed from him. There was insufficient mutuality to enforce the set off. The one claim was by partners but as trustees, and the other … Continue reading Hurst v Bennett and Others In Re A Debtor (No 302 of 1997): CA 16 Feb 2001
The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996
The Regulation under question was procedural;, and a failure to comply with its requirements was not to be deemed fatal. The requirement for a trustee to identify the transactions to be set aside did not require every single part of the scheme to be detailed, provided as in this case the purpose of the scheme … Continue reading Ashe v Mumford and Others: ChD 7 Mar 2000
A mortgagee may under common law go into possession before the ink is dry on the mortgage unless there is something in the contract, express or by implication, whereby he has contracted himself out of that right. He has the right because he has a legal term of years in the property or its statutory … Continue reading Four-Maids Ltd v Dudley Marshall (Properties) Ltd: 1957
The claimant had failed in an action for damages against the respondent, and had failed to pay the costs award. The respondent issued a statutory demand. He claimed that it was invalid because the chief constable had changed in the interim, and there had been no assignment of the benefit of the order. Held: The … Continue reading Coulter v Chief Constable of Dorset Police: ChD 12 Dec 2003
The test under the section was whether it was inequitable to make the order for sale where one of the joint beneficiaries, who in that case were ex-husband and wife, wished to realise their investment in the property. Held: Referring to the statement of principle in in re Mayo, described as ‘a simple uncomplicated case … Continue reading Jones v Challenger: CA 1960
Where land had been registered in the name of a transferee as a result of a fraud and where there had been no consideration and it had been in breach of a fiduciary duty, the owners retained an overriding interest under the act, and the transferee held the land as trustee for the defrauded party. … Continue reading Collinge v Lee and Another: CA 26 Oct 2000
A property adjustment order cannot be made against a bankrupt former spouse because the property of the bankrupt vests in the trustee in bankruptcy against whom an order under section 24 cannot be made. It was highly unlikely that postponement of payment of the debts would cause any great hardship to any of the creditors. … Continue reading In re Holliday: CA 1981
An assent by personal representatives is ‘the instrument or act whereby a personal representative effectuates a testamentary disposition by transferring the subject-matter of the disposition to the person entitled to it’, and must be in writing even if the assent is by the executors in their own favour as trustees. There had to be a … Continue reading Re King’s Will Trusts, Assheton v Boyne: ChD 1964
A husband held the matrimonial home on trust for sale for himself and his wife in equal shares. The couple lived in the house. The husband and another man were in business with through a limited company, and guaranteed the its debts to the plaintiff, who obtained a default judgment against the husband under the … Continue reading Lloyds Bank plc v Byrne and Byrne: 1993
‘This appeal concerns the Scots law of gratuitous alienations on insolvency. It raises three principal questions. First, there is a question as to the interpretation of the term ‘adequate consideration’ in section 242(4)(b) of the Insolvency Act 1986. Secondly, there is the question whether the Inner House was entitled to interfere with the Lord Ordinary’s … Continue reading MacDonald and Another v Carnbroe Estates Ltd: SC 4 Dec 2019
The plaintiffs contracted to buy a plot of registered land with a house to be built on it. The developer had charged the estate as a whole to a bank to secure the development finance. The developer became insolvent and the bank sold the estate as mortgagee to the first defendant ‘subject to and with … Continue reading Lyus v Prowsa Developments Ltd: ChD 1982
An equitable charge of a lease has standing to apply to court for relief from forfeiture for non-payment of rent, where the tenant did not himself seek relief, but only indirectly on the basis that the lessee and chargor has a duty to take reasonable steps to preserve the charge’s security. The tenant stands in … Continue reading Bland v Ingrams Estates Ltd and Others (1): CA 18 Jan 2001
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Judges: Gloster, Patten, Floyd LJJ Citations: [2018] EWCA Civ 1082, [2018] WLR(D) 310 Links: Bailii, WLRD Statutes: Trustees Act 1925 Jurisdiction: England and Wales Agency, Torts – Other Updated: 22 April 2022; Ref: scu.616333
‘The novel issue raised by this appeal is whether the doctrine of overreaching in section 2(1) of the Law of Property Act 1925 (‘LPA 1925′) is capable of operating in circumstances where the conveyance to a purchaser which is alleged to have the overreaching effect is the grant of an easement over land, and the … Continue reading Baker and Another v Craggs: CA 16 May 2018
The court was asked whether a building scheme had been established. Held: It had. The court set out the factors which must be shown to establish a building scheme on an estate; Both plaintiff and defendant’s titles must derive from the same vendor who must have laid out a definitive scheme for development before the … Continue reading Elliston v Reacher: ChD 1908
Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018
