swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Trusts - From: 1999 To: 1999
This page lists 27 cases, and was prepared on 02 April 2018.
Bank of New Zealand v New Zealand Guardian Trust Co Ltd [1999] 1 NZLR 664
1999
Gault J, Tipping J
Commonwealth, Trusts, Damages
New Zealand Court of Appeal - Gault J said: "Recent cases show a trend in favour of analysis by reference to the scope of the duty, and enquire as to the risks against which there was a duty to protect the plaintiff. In South Australia Asset Management Corporation v York Montague Ltd [[1996] UKHL 10; 1997] AC 191 the House of Lords approached in this way a case of breach of a contractual duty of care while noting that the concurrent duty in tort was of the same scope. In the speech of Lord Hoffmann, with whom the other members agreed, it was said that the real question in such a case is the kind of loss in respect of which the duty is owed. To some extent this is merely to restate the question asking what losses is it reasonable that the law should require the wrongdoer to compensate, but it is a helpful analytical approach as illustrated in the instructive treatment in Todd, The Law of Torts (2ed 1997) para 20.3."
Tipping J observed that while historically the law has tended to place emphasis on the legal characterisation of the relationship between the parties in delineating the remedies available for breach of an obligation, the nature of the duty which has been breached can often be more important, when considering issues of causation and remoteness, than the classification or historical source of the obligation. He identified three broad categories of breach by a trustee. First, there are breaches of duty leading directly to damage or to loss of trust property. Secondly, there are breaches involving an element of infidelity. Thirdly, there are breaches involving a lack of appropriate skill and care. He continued: "In the first kind of case the allegation is that a breach of duty by a trustee has directly caused loss of or damage to the trust property. The relief sought by the beneficiary is usually in such circumstances of a restitutionary kind. The trustee is asked to restore the trust estate, either in specie or by value. The policy of the law in these circumstances is generally to hold the trustee responsible if, but for the breach, the loss or damage would not have occurred. This approach is designed to encourage trustees to observe to the full their duties in relation to trust property by imposing on them a stringent concept of causation [ie a test by which a "but for" connection is sufficient]. Questions of foreseeability and remoteness do not come into such an assessment."
1 Citers
Babic v Thompson and Another Gazette, 13 January 1999
13 Jan 1999
ChD
Trusts
Interlocutory injunction granted to prevent disposal of land bought in one name but held on trust for two partners. A compromise which agreed the trust without complying with the formalities could still found a claim in trust.
Law of Property (Miscellaneous Provisions) Act 1989 2
Collier v Tugwell [1999] EWCA Civ 645
22 Jan 1999
CA
Lord Justice Simon Brown, Mr Justice Wilson
Land, Trusts
The parties were joint owners as tenants in common in equity of land. Each appealed orders with regard to its sale, and the division of the proceeds. The parties had bought the property intending to cohabit. They had contributed unevenly, and the claimant had subsequently contributed to repay part of the capital of the mortgage. The parties had in effect agreed that the claimant would buy the respondent's interest. Held: The maths were relatively simple. The judge had kept a close but not unfair control over mutual cross examination by two litigants in person. The property had been valued at less than the purchase price. It was wrong to allow the defendant to avoid the risk of his investment. Any error in valuation was balanced by the judges failure to require to be taken into account the costs of a sale. Appeal dismissed.
Trusts of Land and Appointment of Trustees Act 1996 14
[ Bailii ]
James v Williams; CA 8-Mar-1999 - Times, 13 April 1999; Gazette, 14 April 1999; Gazette, 28 April 1999; [1999] EWCA Civ 921
Powell v Snelgrove [1999] EWCA Civ 997
16 Mar 1999
CA
Trusts
[ Bailii ]
Hughes v Macpherson and UCB Home Loans Corporation Limited [1999] EWCA Civ 1006
17 Mar 1999
CA
Trusts, Financial Services
[ Bailii ]
Tee v Tee, John Arthur Hillman Co; CA 22-Mar-1999 - Gazette, 27 October 1999; [1999] EWCA Civ 1056; [1999] 2 FLR 61
Harding et Al v Joy Manufacturing Holdings Ltd Times, 21 April 1999
21 Apr 1999
IHCS
Trusts
In Scotland trustees could not delegate to the court discretion vested in them, but at the most could seek the court's guidance and direction before exercising that discretion themselves.
Sandra Simmons v Rajah Mackie Simmons [1999] EWCA Civ 1263
26 Apr 1999
CA
Family, Trusts
[ Bailii ]
Wight, Wight v Olswang, Peters Times, 18 May 1999; Gazette, 09 June 1999; [1999] EWCA Civ 1309
29 Apr 1999
CA
Trusts
Where a trustee sought to rely upon an exemption clause, to relieve him against a claim for a breach of trust, the exemption clause would be of no avail where the trustee was to be paid for his services. The terms of these clauses were contradictory.
1 Cites
1 Citers
[ Bailii ]
Houghton and others v Fayers and Day [1999] EWCA Civ 1359
7 May 1999
CA
Trusts
[ Bailii ]
Birmingham Midshires Building Society v Infields (A Firm) [1999] EWHC Technology 232
20 May 1999
TCC
Judge Bowsher QC
Professional Negligence, Trusts, Legal Professions
The defendant solicitors had acted for the lenders and borrower in a mortgage transaction. The claimant sought repayment of the entire loan, alleging breach of fiduciary duty, in having preferred the interests of one client over those of another. The betrayal of trust inherent in a breach of duty must be a deliberate act. They alleged that he knew the property was to be used for letting in breach of their offer terms. The solicitor understood the lender to know of this intention, and was negligent in not confirming it, but there was no deliberate act in breach of trust. To extend the limitation period under s32, the claimants must show that they could not have discovered the breach with reasonable diligence. They also knew of the possibility of a claim before receiving the file. The could not extend the limitation period under s 14A by their delay in obtaining expert advice.
Limitation Act 1980 14A 32
1 Cites
Rowe v Prance Gazette, 26 May 1999
26 May 1999
ChD
Trusts
A boat had been bought and held in one persons name, but on reassurance that it would be 'ours.' The share was substantial but unquantified, and so equality was assumed. An express trust of personalty need not be formal. Constructive trust rules were unhelpful.
The Trustee of the Property of Jan Yngve Pehrsson, a bankrupt v Madeleine von Greyerz [1999] UKPC 26
16 Jun 1999
PC
Commonwealth, Company, Equity, Trusts
PC (Gibraltar) The mere appointment of trustees of shares without the delivery to the trustees of forms of transfer did not give rise to a trust. Held: A gift was intended to take effect by a transfer of the shares and it is therefore impossible to construe it as having taken place by a change in the beneficial interest before the transfer had been registered. It is true that in accordance with the decision in In re Rose a gift of shares will be regarded as completed even before registration when the donor has clothed the beneficiary with the power to obtain registration. Thus when the donor has executed a transfer and delivered it to the beneficiary or his agent, equity regards the gift as completed. No further act on the part of the donor is needed to vest the legal title in the beneficiary and the donor has no power to prevent it. But this principle could not apply to the present case until the nominee shareholders had executed and delivered transfers into her possession or constituted themselves agents for her. Until that time, they remained nominees for the donor and it was open to him to countermand the gift. Since the transfers were not executed until the same day as registration took place, the principle in In re Rose is of no assistance to her.
1 Cites
1 Citers
[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
Yaxley v Gotts and Another; CA 24-Jun-1999 - Gazette, 14 July 1999; Times, 08 July 1999; [1999] EWCA Civ 1680; [1999] 1 WLR 1217; [2000] Ch 162; [1999] EGCS 92; [1999] EWCA Civ 3006; [2000] 1 All ER 711
Houghton and 39 Others v Fayers and Day [1999] EWCA Civ 1761
5 Jul 1999
CA
Trusts
[ Bailii ]
A E Reynolds Plc v Pratt; Pratt and Arboine [1999] EWCA Civ 1785
8 Jul 1999
CA
Land, Insolvency, Trusts
[ Bailii ]
Burton and Another v FX Music Ltd and Another; Taube v FX Music Ltd Times, 08 July 1999; [1999] EMLR 826
8 Jul 1999
ChD
Trusts, Equity
To decide that a party had made itself a trustee of a promise, the court had first to look at whether the person making the promise had indicated he had intended such. Once clear instructions had been evidenced, and payments made, the court would be reluctant to find that no trust had been created. Letters requesting payment of royalties had been acted upon.
Sumir Singh Dhingra v Surjit Singh Dhingra [1999] EWCA Civ 1899
20 Jul 1999
CA
Trusts
1 Cites
1 Citers
[ Bailii ]
Abrahams v Trustee In Bankruptcy of Abrahams Times, 26 July 1999; Gazette, 11 August 1999
26 Jul 1999
ChD
Trusts
A member of a lottery syndicate having paid into it, acquired the right that any winnings should be held in trust upon the terms of the syndicate's lottery agreement which then applied. It was possible that such a right could be held as a property right upon a resulting trust. A couple, members of a syndicate, separated, but the wife paid in both names. She was entitled since she was the originator of both fees.
Jyske Bank (Gibraltar) Limited v Spjeldnaes; Metcalf; Zoltan-Frank; Jacobsen; Gould; Bullen; Juillet Limited; Recolte Investments Limited; Fondconsult Ltd etc [1999] EWCA Civ 2018
29 Jul 1999
CA
Lord Justice Nourse Lord Justice Sedley And Mr Justice Colman
Trusts, Banking
[ Bailii ]
Akobuike Udeozo v Gertrude Odogwu [1999] EWCA Civ 2033
30 Jul 1999
CA
Land, Trusts
[ Bailii ]
Japan Leasing (Europe) Plc v Shoa Leasing (Singapore) PTE Ltd [1999] BPIR 911; [2000] WTLR 301; [1998] EWHC 322 (Ch)
30 Jul 1999
ChD
Nicholas Warren QC
Insolvency, Trusts
The court considered a hire purchase agreement for an aircraft between four leasing companies and Olympic Airways. The contract documentation provided for the payment of the price in instalments to designated accounts in various currencies of one of the lessors, Japan Leasing. Japan Leasing was to receive the money on behalf of itself and the other three lessors. Japan Leasing went into administration, and a month later received an instalment into the designated accounts. The issue was whether that money was held in trust to pay their shares to the three other lessors. Held: The court rejected the primary argument of the three solvent lessors that there was an express trust, but held that the last instalment was held on a constructive trust for the other lessors.
1 Citers
[ Bailii ]
The Equitable Life Assurance Society v Hyman; ChD 9-Sep-1999 - Times, 12 October 1999; [1999] EWHC 847 (Ch)
X v A and Others Gazette, 13 October 1999
13 Oct 1999
ChD
Trusts, Wills and Probate, Environment
A trustee under a will where there was a life interest had the ability to assert a lien over the estate in respect of potential liability which might be incurred because of the necessity of complying with any order for the clean-up of land forming part of the estate, even though the part of the Act which might operate was not yet in force.
Environmental Protection Act 1990 Part II
Fuller v Evans and Others; ChD 27-Oct-1999 - Times, 10 November 1999; Gazette, 27 October 1999
Helga Stoeckert v Margie Geddes (Appeal No 66 of 1998) [1999] UKPC 52
13 Dec 1999
PC
Lord Browne-Wilkinson, Lord Steyn, Lord Hoffmann, Lord Saville of Newdigate, Lord Hobhouse of Woodborough
Commonwealth, Trusts, Family, Wills and Probate
PC Jamaica The claimant claimed against the estate of her former partner. Though not married they had lived together for many years, and she claimed there had been an express understanding that she would receive part of his estate. A constructive trust was claimed and denied. Held: The facts alleged were not capable of sustaining the claim. Leaving the claimant in charge of his business whilst the deceased had gone to live abroad did not establish such a trust, and nor did the several statements made.
1 Cites
[ Bailii ] - [ PC ]
