Knight v Bowyer; 7 May 1858

References: (1858) 2 De G & J 421, [1858] EngR 673, (1858) 2 De G & J 421, (1858) 44 ER 1053
Links: Commonlii
Ratio:The doctrine of laches and delay did not apply to an express trust, save possibly where there was a release or abandonment by the beneficiary and that was capable of being presumed from the facts of the case.
This case is cited by:

  • Cited – Patel and others -v- Shah and others CA (Bailii, [2005] EWCA Civ 157, Times 02-Mar-05)
    The parties entered into a commercial agreement for the sale and purchase of properties.
    Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The . .
  • See Also – Knight -v- Bowyer ([1859] EngR 908, Commonlii, (1859) 4 De G & J 619, (1859) 45 ER 241)
    . .

(This list may be incomplete)

Last Update: 17-Jun-16
Ref: 223436