Search Results for: Trustee Act 2000 1

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Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others: CA 26 May 1995

A UK court may continue to hear a Spanish company’s claim against it’s own directors if a court was first seized of the matter here. Where a case concerned matters as to the constitution of a company, the courts of the company in which the company was incorporated had exclusive jurisdiction.Stuart-Smith LJ: ‘The test laid … Continue reading Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others: CA 26 May 1995

Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

Property was acquired by joint owners to provide accommodation for both joint owners. That purpose would be defeated if one of those acquiring the property were to insist on a sale while that purpose was still subsisting. The value of a joint interest in a house when calculating benefits entitlement was the market value of … Continue reading Chief Adjudication Officer and Another v Palfrey; Same v Dowell, Same v McDonnell: CA 17 Feb 1995

Armitage v Nurse: SCCO 11 Apr 2000

review of counsel’s fees in a legal aid only case Judges: Mr Justice Lloyd Sitting with Assessors Citations: [2000] EWHC 9008 (Costs) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Armitage v Nurse; etc CA 19-Mar-1997 A clause in a trust deed may validly excuse trustees from personal liability for even gross negligence. … Continue reading Armitage v Nurse: SCCO 11 Apr 2000

Pitt and Another v Holt and Another: ChD 18 Jan 2010

The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation. Held: For the rule … Continue reading Pitt and Another v Holt and Another: ChD 18 Jan 2010

369413 Alberta Ltd v Pocklington: 21 Nov 2000

(Court of Appeal of Alberta) The court set out a number of propositions as to the intention required for inducing a breach of contract. These included inferred intention and recklessness. The Court of Appeal held as follows: ‘In order to find liability [for inference with contractual relations], a plaintiff must demonstrate that the defendant had … Continue reading 369413 Alberta Ltd v Pocklington: 21 Nov 2000

In re Basham dec’d; Basham v Basham: 1986

The claimant and her husband had helped her mother and her stepfather throughout the claimant’s adult life. She received no remuneration but understood that she would inherit her stepfather’s property when he died. After her mother’s death and until her stepfather’s death she and her husband lived near the cottage to which her stepfather had … Continue reading In re Basham dec’d; Basham v Basham: 1986

Earnshaw and Others v Hartley: CA 31 Mar 1999

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

Allen and Another v Rochdale Borough Council: CA 23 Mar 1999

Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The lease in favour of the council had been discovered before completion, but … Continue reading Allen and Another v Rochdale Borough Council: CA 23 Mar 1999

National Grid Company Plc v Mayes and Others: CA 25 Feb 1999

Trustees of a pension scheme in actuarial surplus were not entitled to treat a clause requiring them to make arrangements for the surplus as allowing them to forgive their own liability to make contributions without the Trustees’ agreement or a variation. Citations: Times 25-Feb-1999, Gazette 03-Mar-1999, [1999] EWCA Civ 761, [1999] OPLR 95, [1999] Pens … Continue reading National Grid Company Plc v Mayes and Others: CA 25 Feb 1999

Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

The claimants, trustees of a Hindu temple, sought judicial review of a decision that a bullock in their temple should be slaughtered having positively reacted to a test for bovine tuberculosis bacterium. They said that the animal posed no threat since it was isolated from other anmals and was sacrosanct to them. Held: The article … Continue reading Suryananda, Regina (on the Application of) v The Welsh Ministers: Admn 16 Jul 2007

Winpar Holdings Ltd v Ransomes Plc: CA 1 Jul 1999

The company had been given permission to cancel a share premium account. Changes in circumstances brought the matter back for reconsideration. Judges: The Lord Chief Justice Of England, Lord Justice Otton And Lord Justice Robert Walker Citations: [1999] EWCA Civ 1732, [1999] 2 BCLC 591, [2000] BCC 455, [1999] EWCA Civ 1732, [2000] BCC 455, … Continue reading Winpar Holdings Ltd v Ransomes Plc: CA 1 Jul 1999

White (As Executor and Trustee of The Will of Joseph Robson Deceased) v Matthys and Others: ChD 31 Jan 2014

The court found that a share of residuary estate left by a foreign resident to a registered political was in breach of the 2000 Act. The will was varied accordingly. Judges: Richard Sheldon QC sitting as a deputy judge of the Chancery Division Citations: [2014] EWHC 295 (Ch), [2014] WTLR 725, [2014] WLR(D) 54, [2014] … Continue reading White (As Executor and Trustee of The Will of Joseph Robson Deceased) v Matthys and Others: ChD 31 Jan 2014

Kerr v British Leyland (Staff Trustees) Ltd: 26 Mar 1986

In confirming that trustees did not have an uncontrolled discretion to determine whether the incapacity of a beneficiary of the trust was permanent, the Court held ‘Now this is not a case of trust where the beneficiaries are simply volunteers. The beneficiaries here are not volunteers. Their rights derive from contractual and commercial origins. They … Continue reading Kerr v British Leyland (Staff Trustees) Ltd: 26 Mar 1986

Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007

The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007

Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the meeting at which the decision was made contrary to the model code of conduct. Held: On the … Continue reading Richardson and Orme v North Yorkshire County Council: CA 19 Dec 2003

Mulkerrins v Pricewaterhouse Coopers: HL 31 Jul 2003

The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, and brazenly sought to avoid laibility by denying the claimant’s standing to sue them. Held: The claim by … Continue reading Mulkerrins v Pricewaterhouse Coopers: HL 31 Jul 2003

Yew Bon Tew v Kenderaan Bas Mara: PC 7 Oct 1982

(Malaysia) In 1972 the appellants were injured by the respondent’s bus. At that time the local limitation period was 12 months. In 1974 the limitation period became three years. The appellants issued a writ in 1975. To succeed they would have to sue under the 1974 Act. Held: The claim was time barred. The respondent’s … Continue reading Yew Bon Tew v Kenderaan Bas Mara: PC 7 Oct 1982

Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Where an action had been begun on basis of allegations of negligence and breach of trust, new allegations of fraud where quite separate new causes of claim, and went beyond amendments and were disallowed outside the relevant limitation period. Sections 23 and 36 and the absence of express statutory mention in the 1980 Act of … Continue reading Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited: CA 21 Jul 1998

Potto Parish Council (Local Government): ICO 19 Dec 2019

The complainant has requested information with regards to trustees. The council responded to the complainant, but the complainant did not consider the council was clear as to whether it held the information requested or not. The Commissioner’s decision is that the council has breached section 1(1) of the FOIA as it has not confirmed to … Continue reading Potto Parish Council (Local Government): ICO 19 Dec 2019

General Assembly of Free Church of Scotland v Overtoun: HL 1904

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904

Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998

A Hindu religious sect, constituted as a charity, had split into two factions. Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two factions. The court declined to adjudicate as to which group was correctly … Continue reading Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998

R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

A logo had been created for the claimants, by an independent sub-contractor. They sought assignment of their legal title, but, knowing of the claimant’s interest the copyright was assigned to a third party out of the jurisdiction. The claimant sought an order for its transfer, and an order was so made. Before it was perfected … Continue reading R Griggs Group Ltd and others v Evans and others (No 2): ChD 12 May 2004

Re Erskine 1948 Trust: ChD 29 Mar 2012

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

Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al: CA 2 Oct 1997

A party choosing to provide discovery of substantial documents on a Compact Disk must ask the court first before charging extra for the service. Citations: Times 13-Oct-1997, [1997] EWCA Civ 2385 Jurisdiction: England and Wales Citing: See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995 A … Continue reading Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al-Sabah Et Al: CA 2 Oct 1997

Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the distinctions between public and private rights and bodies but also looking at the practical consequences of the … Continue reading Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2): CA 21 Mar 1997

The Court of Appeal should interfere with Judge’s case management decisions only with great reluctance. Citations: Times 17-Apr-1997, [1997] EWCA Civ 1301 Jurisdiction: England and Wales Citing: See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995 A UK court may continue to hear a Spanish company’s … Continue reading Grupo Torras SA and Torras Hostench London Limited v Sheikh Fahad Mohammed Al Sabah and others (2): CA 21 Mar 1997

Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003

Pappadakis v Pappadakis: ChD 19 Jan 2000

Where a party sought rectification of a contract to supply into the contract an element without which the contract was intrinsically invalid, that application could only succeed if there was clear and convincing evidence that the parties had intended another effect, and precisely what that effect was. Here an assignment to unidentified trustees which was … Continue reading Pappadakis v Pappadakis: ChD 19 Jan 2000

McDonald and Others v Horn and Others: CA 8 Aug 1994

A court may make a pre-emptive award of costs to pension fund members who wished to sue the trustees. Hoffmann LJ said: ‘if one looks at the economic relationships involved, there does seem to me to be a compelling analogy between a minority shareholder’s action for damages on behalf of the company and an action … Continue reading McDonald and Others v Horn and Others: CA 8 Aug 1994

Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

The claimant sought damages against its former directors for negligence and breach of fiduciary duty. The defendants asked that the claims be struck out. Held: It was no longer good law that directors might leave the conduct of the company’s business to competent management. Though section 727 might give relief to directors who had been … Continue reading Equitable Life Assurance Society v Bowley and others: ComC 17 Oct 2003

Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Developers submitted applications for outline permission for the development of a business park. The applicant sought to quash the grant on the basis that the environmental assessment was insufficiently detailed, and contained reserved matters, and that the development conflicted with the applicable unitary development plan. Held: The intent of the legislation had been satisfied, and … Continue reading Regina v Rochdale Metropolitan Borough Council, Ex Parte Milne (2): QBD 31 Jul 2000

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

Fraser and Another v Canterbury Diocesan Board of Finance and Another: Chd 14 May 2003

The claimants sought to assert that land acquired under the 1841 Act reverted to them on its ceasing to be used for the purposes of a school. Lewison J summarised the evidence: ‘An analysis of the school registers for 1931 to 1947 shows that the children came from a variety of housing stock. Some came … Continue reading Fraser and Another v Canterbury Diocesan Board of Finance and Another: Chd 14 May 2003

Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011

interedill2ECJ2011 ECJ Reference for a preliminary ruling – Whether a lower court has the power to refer a question to the Court for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – International jurisdiction – The centre of a debtor’s main interests – Transfer of a registered office to another Member State … Continue reading Interedil Srl, in liquidation v Fallimento Interedil Srl, Intesa Gestione Crediti SpA: ECJ 20 Oct 2011

Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003

The claimant had managed a pension scheme for the respondent company. It now challenged a finding of maladministration of the scheme, with respect to the methods of calculation of discounts applicable to those leaving the scheme. Held: Since the calculations employed would have been carried out for others whether or not the instant pension scheme … Continue reading Legal and General Assurance Society Ltd v CCA Stationery Ltd: ChD 12 Dec 2003

Tackaberry and Another v Hollis and others: ChD 13 Nov 2007

A house had been purchased in 1982 by one member of a large family. Other family members now disputed whether the land was held in trust for them. A constructive trust was asserted. Held: The claimants had failed to establish that a constructive trust applied. The original purchaser had purchased the property in his own … Continue reading Tackaberry and Another v Hollis and others: ChD 13 Nov 2007

Pullan v Wilson and Others: ChD 28 Jan 2014

The court was asked difficult questions concerning the reasonableness of the remuneration charged to a number of family trusts by a professional trustee. Held: Excessive claims for fees had been made, and the trustees were ordered to repay part of their fees. Judges: Judge Hodge QC Citations: [2014] EWHC 126 (Ch), [2014] WLR(D) 107 Links: … Continue reading Pullan v Wilson and Others: ChD 28 Jan 2014

Hodgens v Beckingham: CA 19 Feb 2003

The defendant appealed a finding of infringement in a music copyright work, ‘Young at Heart’, based on a claim of joint authorship. The claimant had delayed his claim for many years, but now sought only rights to future royalties. Held: The defendant’s allegation of an estoppel against the claimant failed. The test for a joint … Continue reading Hodgens v Beckingham: CA 19 Feb 2003

Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011

The claimant sought an order to prevent the defendant, a former employee, from misusing its confidential information said to be held by her. Her contract contained no post employment restrictions but did seek to control confidential and other information. She had obtained employment with a customer of the claimant, and was said to carry out … Continue reading Caterpillar Logistics Services (UK) Ltd v Huesca De Crean: QBD 2 Dec 2011

Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others: CA 8 Apr 2009

The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process. Held: The appeal against the stay succeeded. The new case had been flagged up to the defendants in the earlier proceedings and it was implicit in those proceedings … Continue reading Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others: CA 8 Apr 2009

Regina v Secretary of State for Home Department ex parte Bancoult: Admn 3 Mar 1999

Application for leave to appeal granted. Citations: [1999] EWHC Admin 192 Jurisdiction: England and Wales Citing: See also – Regina v Secretary of State for the Foreign and Commonwealth Office and Another, ex parte Bancoult Admn 3-Nov-2000 The applicant sought judicial review of an ordinance made by the commissioner for the British Indian Ocean Territory. … Continue reading Regina v Secretary of State for Home Department ex parte Bancoult: Admn 3 Mar 1999

D’Abo v Paget and Others (No 2): ChD 10 Aug 2000

Where a beneficiary having brought successful action against the trust fund, the rule in In re Buckton should still apply, but where the trustees could have brought the same action themselves, and had been ready and willing to do so, the beneficiary should not be awarded costs out of the trust fund. Under the new … Continue reading D’Abo v Paget and Others (No 2): ChD 10 Aug 2000

Belhaj and Another v Straw and Others: SC 17 Jan 2017

The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017

HM Revenue and Customs v The Trustees of the Peter Clay Discretionary Trust: ChD 15 Nov 2007

Citations: [2007] EWHC 2661 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Peter Clay Discretionary Trust v Revenue and Customs SCIT 27-Feb-2007 SCIT DISCRETIONARY TRUST – whether single fee for expenses of management that relate partly to income and partly to capital can be attributed partly to each for s 686(2AA) Taxes … Continue reading HM Revenue and Customs v The Trustees of the Peter Clay Discretionary Trust: ChD 15 Nov 2007

MW Trustees Ltd and Others v Telular Corporation: CA 31 Jan 2011

The court was asked as to its jurisdiction under the 2000 Order to hear the desired appeals. Judges: Maurice Kay VP LJ, Moore-Bick, Etherton LJJ Citations: [2011] EWHC 104 (Ch) Links: Bailii Statutes: Access to Justice Act 1999 (Destination of Appeals) Order 2000 Jurisdiction: England and Wales Litigation Practice Updated: 01 September 2022; Ref: scu.428521

JSC BTA Bank v Kythreotis and Others: CA 14 Dec 2010

The court was asked as to the construction about the meaning of the words ‘his assets’ as they appear in the standard form of freezing order set out in Appendix 5 to the current edition of the Commercial Court Guide. In short, that issue is whether those words include assets which the respondent to the … Continue reading JSC BTA Bank v Kythreotis and Others: CA 14 Dec 2010

St John’s Hospital Trustees v Keevil and Another: LT 27 Nov 2000

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

Sel-Imperial Ltd v The British Standards Institution: ChD 23 Apr 2010

The defendant had developed a draft standard for automotive body repairs. It included a requirement that any replacement parts must be either the manufacturer’s own or certified under a recognised conformity certification scheme. The claimant imported so-called ‘replica parts’ and said that the costs of such a scheme would be so disproportionate as to destroy … Continue reading Sel-Imperial Ltd v The British Standards Institution: ChD 23 Apr 2010

Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999

(External relations) Article 234 EC (ex-Article 177) – EEA Agreement – Jurisdiction of the Court of Justice – Accession to the European Union – Directive 80/987/EEC – Liability of a StateAdvocate General Jacobs said: ‘Retroactive effect consists in the application of the rule to situations which were permanently fixed before that rule came into force. … Continue reading Andersson and Wakeras-Andersson v Svenska Staten: ECJ 15 Jun 1999

In re Hallett’s Estate; Knatchbull v Hallett: CA 1880

Where a trustee of a policy used money received from others to make payment of premiums on an insurance policy, they would be entitled to a lien on the policy. Where an asset was acquired exclusively with trust money, the beneficiary could either assert equitable ownership of the asset or enforce a lien or charge … Continue reading In re Hallett’s Estate; Knatchbull v Hallett: CA 1880

Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

Lister and Others v Hesley Hall Ltd: HL 3 May 2001

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

Stein and Another v Trustees of Eyre Estate: LT 18 May 2001

LEASEHOLD ENFRANCHISEMENT – house – land value and increased ground rent – freehold value at end of lease – appeal allowed – price pounds 625,750 – Leasehold Reform Act 1967, s9(1C) Citations: [2001] EWLands LRA – 11 – 2000 Links: Bailii Statutes: Leasehold Reform Act 1967 9(1C) Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading Stein and Another v Trustees of Eyre Estate: LT 18 May 2001

Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

Tarjomani v Panther Securities Ltd: CA 1983

The tenant disputed whether he had surrendered the property in the lease. Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates when the tenant is a party to a transaction that is inconsistent with the continuation of … Continue reading Tarjomani v Panther Securities Ltd: CA 1983

In Re Burfoot and Another (Bankrupts): ChD 17 Aug 2000

A general followed by a specific assignment of book debts anticipating a bankruptcy was effective against the trustee in bankruptcy. The specific assignments were not for an undervalue, and were intended to give effect to and perfect the general assignment. The transactions would have effective in the reverse order, and should not be avoided. The … Continue reading In Re Burfoot and Another (Bankrupts): ChD 17 Aug 2000

Rawlinson and Hunter Trustees SA and Others v Director of The Serious Fraud Office: CA 31 Jul 2014

Documents had been disclosed in error in related proceedings, and the appellants now challenged refusal of an order that their use within the current proceedings should be restrained. Judges: Longmore, Moore-Bick, Gloster LJJ Citations: [2014] EWCA Civ 1129, [2015] 1 WLR 797, [2014] CP Rep 45 Links: Bailii Jurisdiction: England and Wales Citing: Cited – … Continue reading Rawlinson and Hunter Trustees SA and Others v Director of The Serious Fraud Office: CA 31 Jul 2014

The Olympic Pride (Etablissements Georges et Paul Levy v Adderley Navigation Co Panama SA: 1980

In the case of a bilateral transaction, there must be convincing proof that the concluded instrument does not represent the common intention of the parties to allow rectification. The policy reason for the need for convincing proof is that certainty and ready enforceability of transactions would otherwise be hindered by constant attempts to cloud the … Continue reading The Olympic Pride (Etablissements Georges et Paul Levy v Adderley Navigation Co Panama SA: 1980

Frederick E Rose (London) Limited v William H Pim Junior and Co Limited: 1953

The plaintiffs, who were London merchants, had been asked by Egyptian buyers to supply ‘feveroles’. Not knowing what this term meant, they asked the defendants’ representative, who responded that ‘feveroles’ meant horsebeans. Relying on this information, the plaintiffs contracted to buy a quantity of horsebeans from the defendants, which they then sold on as ‘feveroles’ … Continue reading Frederick E Rose (London) Limited v William H Pim Junior and Co Limited: 1953

AMP (UK) Plc and Another v Barker and Others: ChD 8 Dec 2000

The claimants were interested under a pension scheme. Alterations had been made, which the said had been in error, and they sought rectification to remove a link between early leaver benefits and incapacity benefits. The defendant trustees agreed that there had been a mistake, but chose not to correct it. The potential cost to the … Continue reading AMP (UK) Plc and Another v Barker and Others: ChD 8 Dec 2000

Kadhim v Housing Benefit Board, London Borough of Brent: CA 20 Dec 2000

A lower court was not bound to follow a decision of a higher court, where the decision at issue had been based, on the relevant point, on an unargued assumption about the law, which had in turn been pivotal to the decision of that higher court: ‘The ratio decidendi of a case is any rule … Continue reading Kadhim v Housing Benefit Board, London Borough of Brent: CA 20 Dec 2000

Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd: 1991

A company pension scheme had been operating for many years, with increases being provided for under one rule. A new rule was introduced to provide regular increases. The company was taken over, and the trustees sought clarification of the company’s obligations. Held: The new rule provided a minimum increase but no right for the trustees … Continue reading Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd: 1991

The Queen and Secretary of State for Trade and Industry ex parte Kenneth Reginald Bagnall QC: Admn 22 Feb 2000

Application by Mr Bagnall for permission to apply for an order quashing on public law grounds a decision by the Secretary of State notified to Mr Bagnall on the 1st October 1999 to exercise the power conferred by Section 296 of the Insolvency Act 1986 to appoint Mrs Jackson as his trustee in bankruptcy. Judges: … Continue reading The Queen and Secretary of State for Trade and Industry ex parte Kenneth Reginald Bagnall QC: Admn 22 Feb 2000

Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005

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

Van Laethem v Brooker and Another: ChD 12 Jul 2005

The claimant asserted an interest in several properties by virtue of a common intention constructive trust or by proprietary estoppel. The parties had been engaged to be married. Held: ‘A [constructive] trust arises in connection with the acquisition by one party of a legal title to property whenever that party has so conducted himself that … Continue reading Van Laethem v Brooker and Another: ChD 12 Jul 2005

Stuart v Goldberg and Linde (a firm): CA 17 Jan 2008

The claimant appealed against orders preventing him from suing his former solicitors in respect of heads of claim which the court said should have been included in earlier proceedings. Held: When deciding whether a claim was an abuse of process it was not part of that decision to consider the merits of the later claim, … Continue reading Stuart v Goldberg and Linde (a firm): CA 17 Jan 2008

Barclays Bank Plc v Holmes and others: ChD 21 Nov 2000

Judges: Neuberger J Citations: [2000] PLR 339, [2000] Pens LR 339, [2001] OPLR 37, [2000] EWHC Ch 457 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Horton v Henry CA 7-Oct-2016 No obligation on bankrupt to draw on pension fund The trustee in bankruptcy appealed against a decision dismissing his application for an … Continue reading Barclays Bank Plc v Holmes and others: ChD 21 Nov 2000

Barnardo’s v Buckinghamshire and Others: SC 7 Nov 2018

The Court considered the interpretation of a clause in a pension scheme trust deed which defines the phrase ‘Retail Prices Index’ and which allows the trustees of the pension scheme to adopt a ‘replacement’ of the officially published Retail Prices Index. Held: The Court of Appeal were right to conclude that the correct interpretation of … Continue reading Barnardo’s v Buckinghamshire and Others: SC 7 Nov 2018

Shaw v Shaw: OHCS 1968

‘The authorities to which I was referred, including, in particular, Noble v Noble; Inner House, 28th January 1966 (unreported), and Cruickshank’s Trustees v Sutherland, satisfy me that, as a general principle, where in a partnership it is necessary to make up a balance sheet affecting the money interests of the partners, the partnership assets should … Continue reading Shaw v Shaw: OHCS 1968

London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006

The council had taken land by compulsory purchase in order to construct a dual carriageway. It then claimed that it had left undedicated a strip .5 metre wide as a ransom strip to prevent the defendant restoring access to the road. Held: The result of the council’s decisions was to leave a ransom strip. Whilst … Continue reading London Borough of Bexley v Maison Maurice Ltd: ChD 15 Dec 2006

Haward and others v Fawcetts: HL 1 Mar 2006

The claimant sought damages from his accountants, claiming negligence. The accountants pleaded limitation. They had advised him in connection with an investment in a company which investment went wrong. Held: It was argued that the limitation period was to be extended until three years after the discovery by the claimant of why it was that … Continue reading Haward and others v Fawcetts: HL 1 Mar 2006

Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

An appeal was made against an order refusing to set aside a second statutory demand. The demand was to enforce payment of an order for costs made in proceedings between the parties. The first statutory demand had been upheld, and the judge found that that this application was based on the grounds already rejected on … Continue reading Coulter v Chief Constable of Dorset Police: CA 13 Jul 2005

CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

The claimants asserted a right of light either by prescription or under lost modern grant. The defendants argued that alterations in the windows arrangements meant that any prescription period was restarted. Held: ‘the Defendant is not correct to submit that any significant alteration in a window during the running of the 20 year period, means … Continue reading CGIS City Plaza Shares 1 Ltd and Another v Britel Fund Trustees Ltd: ChD 13 Jun 2012

Farrell v Alexander: HL 24 Jun 1976

The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976

Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005

The claimants began an action in January 2003 to seek to set aside the appointment of an administrator from December 1991, and to have set aside transfers of property made within the estate. Held: The limitation period against a personal representative began to run only after one year, the executor’s year, after the grant. No … Continue reading Green and others v Gaul and Another; In re Loftus deceased: ChD 18 Mar 2005

Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004

The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory. Held: The differential treatment arose because contractual pension rights fell within a definition in the Act, and not … Continue reading Malcolm v Mackenzie, Allied Dunbar Plc: CA 21 Dec 2004

Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt: PC 11 Jan 2005

PC (Cayman Islands) The claimant complained of an order of the Court of Appeal of the Cayman Islands, requiring him to comply with a letter of request from the Grand Court of the Bahamas. Held: In earlier times, Acts of the English parliament were readily held to apply throughout the Empire. Over time two other … Continue reading Al Sabah and Al Sabah v Grupo Torras SA Culmer as trustee of the property of Sheikh Fahad Mohammed Al Sabah, bankrupt: PC 11 Jan 2005

Robinson v Murdoch and Others (Fraser’s Trustees): HL 3 Aug 1881

Trust – Powers and Duties of Trustees – Bank StockA truster directed her trustees to pay the interest of two sums of pounds 2000 to each of two legatees, and thereafter to divide the residue among certain persons. She empowered her trustees to continue to hold any or all of such shares or stocks as … Continue reading Robinson v Murdoch and Others (Fraser’s Trustees): HL 3 Aug 1881

Trustor Ab v Smallbone and Another (No 2): ChD 30 Mar 2001

Directors of one company fraudulently diverted substantial sums to another company owned by one of them. The defrauded company sought return of the funds, from the company and from the second director on the basis that the corporate veil should be lifted by treating the receipt by the company as his. Held: Not every impropriety … Continue reading Trustor Ab v Smallbone and Another (No 2): ChD 30 Mar 2001

King v The Serious Fraud Office: CACD 18 Mar 2008

Restraint and Disclosure orders had been made on without notice applications at the request of South Africa. The applicant appealed a refusal of their discharge. Held: Such orders did not apply to the applicant’s assets in Scotland. The orders were quashed and new orders substituted restricting their ambit to England and Wales. Judges: Lord Justice … Continue reading King v The Serious Fraud Office: CACD 18 Mar 2008

Grupo Torras Sa and Another v Al-Sabah and others: CA 30 Jul 2001

The hearing followed others concluding that the claimant had been defrauded of substantial sums by the defendants. The parties sought clarifications. Citations: [2001] EWCA Civ 1370 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Grupo Torras Sa and Another v Sheikh Fahad Mohammed Al Sabah and Others CA 26-May-1995 A UK court may … Continue reading Grupo Torras Sa and Another v Al-Sabah and others: CA 30 Jul 2001

Khan v Trident Safeguards Ltd and others: CA 19 May 2004

The claimant had ben made bankrupt. The defendant argued that his claim vested in the trustee. Held: A discrimination claim was hybrid in nature rather than purely personal, and so it vested in the trustee. However the real issue was the actual claim made. In this case the claimant could seek only the personal elements … Continue reading Khan v Trident Safeguards Ltd and others: CA 19 May 2004

Wight and another v Olswang: ChD 18 Apr 2000

When assessing the actions of a trustee in making investment decisions, the presence of breaches of trust did not require any higher standard of decision making, and no claim by disappointed beneficiaries could succeed without showing that the decision was one which no reasonable man of ordinary prudence in that trustees circumstances of knowledge and … Continue reading Wight and another v Olswang: ChD 18 Apr 2000

Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Where a bankrupt wished to pursue an action held for him personally rather than his creditors. Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the trustee as a co-defendant and to commence the action under his own … Continue reading Mulkerrins v Pricewaterhousecoopers (A Firm): ChD 29 Mar 2000

Moorhead v Moorhead: ChNI 11 Jan 2002

The deceased’s widow complained that her husband’s will had not made proper provision for her as was required by the order which ‘ In the case of a spouse reasonable financial provision means such financial provision as it would be reasonable in all the circumstances of the case for a husband or wife to receive, … Continue reading Moorhead v Moorhead: ChNI 11 Jan 2002