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
Regarding service of notices on the Public Trustee under Administration of Estates Act 1925. . .
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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: 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
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 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
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 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 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 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
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 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
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
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
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
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of importance in the law of registered conveyancing. Shortly … Continue reading Lloyds Bank plc v Rosset: CA 13 May 1988
Matthews M [2016] EWHC 210 (Ch) Bailii Trustee Act 1925 41 England and Wales Trusts Updated: 12 January 2022; Ref: scu.561516
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land. Held: The defendant was entitled to exercise and did validly exercise the break clause. The purpose … Continue reading Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004
Approprietary remedy against Fraudulent Agent The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or commission. Held: The appeal … Continue reading FHR European Ventures Llp and Others v Cedar Capital Partners Llc: SC 16 Jul 2014
Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020
The taxpayer imported swimwear for sale. The respondent had incorrectly indicated that such swimwear had one classification. The claimant sought to prevent the respondent reclassifying the goods, saying that they had made given binding tariff information. It depended on the proportion of rubber in the suits. The respondent viewed the calculation differently. Held: the commissioners … Continue reading Matalan Retail Ltd v Revenue and Customs: ChD 5 Aug 2009
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
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
