Category: Trusts

Fraser and Fraser v Canterbury Diocesan Board of Finance Integrated Services Programme: CA 28 Jan 2004

The claimants sought a reversion of land conveyed under the 1841 Act to trustees. The defendants (‘DBF’) as succesors to the trustees argued that by extending the range of pupils in the school, the trustees acquired a title independent of and adverse to the claimants.
Held: The DBF succeeded. The judge had found that the land had been used in breach of trust. the school had ceased to be used solely for the purposes set out in the trust deed. It had come to be used for a new and wider purpose, the provision of a school for all-comers (with no finding that priority was given to qualifying persons). The judge then, inconsistently with his own findings, treated the wider purpose as two separate purposes. Arden LJ: ‘ . . the fact that a breach or breaches of trust have occurred does not necessarily mean that the authorised purpose has ceased to be the purpose for which the school is used.’ but ‘Nor do I accept the submission that the construction which I place on section 2 makes the trustees’ title precarious. It simply means that the trustees must adhere to purposes permitted by the terms of the trust.’

Judges:

Lord Justice Potter Mr Justice Wilson Lady Justice Arden

Citations:

[2004] EWCA Civ 15

Links:

Bailii

Statutes:

School Sites Act 1841 2

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

Cited by:

Appeal from – Fraser and Another v Canterbury Diocesan Board of Finance and others HL 27-Oct-2005
Land had been acquired by a deed under the 1841 Act, but had in 1995 ceased to be used as a school ‘for the education of children and adults of the labouring manufacturing and other poorer classes . . And for no other purpose ‘. Under the Act, the . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 09 June 2022; Ref: scu.192286

White v White: CA 19 May 2003

The parties to the marriage owned a property which they had extended. The relationship deteriorated, and the mother sought an order under the 1996 Act. The mother left the home, and the father cared for the children. He sought orders under the 1989 Act for the transfer of the property. Those proceedings were made subject to the current proceedings.
Held: Sensible case management demands that competing applications be conjoined. The current order was wrong in principle. When the court looked at the intentions of the parties under a trust, it should look to the time before the trust, not from time to time later. The powers under each Act are not co-extensive. Unless for some special reason the application should be under both Acts and the exercise of the powers under each Act should be considered by the same court and at the same time.

Judges:

Lord Justice Thorpe, Lady Justice Arden, Mr Justice Bodey

Citations:

[2003] EWCA Civ 924

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996 14, Children Act 1989 Sch1

Jurisdiction:

England and Wales

Cited by:

Cited – Pearce v Pearce CA 28-Jul-2003
The financial claims on divorce had been settled by a compromise recorded in a court order. The order included periodical payments to the former wife. After she suffered financial losses, she sought an increase, and the former husband sought an . .
Lists of cited by and citing cases may be incomplete.

Family, Trusts, Children, Land

Updated: 07 June 2022; Ref: scu.184446

London and Regional Investments Ltd v TBI Plc and Others: CA 22 Mar 2002

TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement regarding land at Belfast and Cardiff airports, having regard to the principles set out in an agreed note. The agreed note was headed ‘subject to contract’. One of the issues was whether London and Regional were entitled to rely on the Pallant v. Morgan equity as a result of the assurance or understanding that a joint venture agreement would be entered into.
Held: There was no realistic prospect of London and Regional establishing that claim; and upheld a summary judgment in TBI’s favour. Mummery LJ: ‘The ‘subject to contract’ state of the joint venture negotiations at the date of the Sale Agreement indicates that there is nothing unconscionable in TBI’s subsequent refusal to proceed with the joint venture after the Sale Agreement was completed. The validity of this conclusion can be tested by asking this question: when did the trust and the estoppel take effect? It is accepted that no constructive trust or estoppel could have arisen after 13 May 1999 when the parties expressly agreed in the Sale Agreement that the joint venture was ‘subject to contract’. In general, it is not unconscionable for a party to negotiations, which are expressly stated to be ‘subject to contract,’ to exercise a reserved right to withdraw from the negotiations before a final agreement has been concluded. If that was the effect of the agreement between the parties on 13 May 1999 I do not see how the conduct of TBI before that date can now be relied on to establish unconscionable conduct giving rise to a constructive trust or an estoppel. For the court to hold that a constructive trust existed in those circumstances would be contrary to what the parties had expressly agreed was to be subject to the making of a future agreement.’

Judges:

Lord Justice Simon Brown, Mummery LJ

Citations:

[2002] EWCA Civ 355

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Limited – Banner Homes Group Plc v Luff Developments and Another CA 10-Feb-2000
Competing building companies agreed not to bid against each other for the purchase of land. One proceeded and the other asserted that the land was then held on trust for the two parties as a joint venture.
Held: Although there was no formal . .
Cited – Pallant v Morgan ChD 1952
The agents of two neighbouring landowners orally agreed in the auction room that the plaintiff’s agent would refrain from bidding at auction and that the defendant, if his agent’s bid was successful, would divide the land according to an agreed . .
See Also – London and Regional Investments Ltd v TBI Plc and Another CA 22-Jun-2001
. .
Cited – Attorney General of Hong Kong v Humphreys Estate (Queen’s Gardens) Ltd PC 1987
An agreement in principle was marked ‘subject to contract’. The Government would acquire some flats owned the plaintiff Group of companies in return for the Government granting, inter alia, a lease to the Group of some Crown lands. The Government . .

Cited by:

Cited – Thames Cruises Limited v George Wheeler Launches Limited, Kingwood Launches Limited ChD 16-Dec-2003
The parties had previously worked to gether to provide ferry services on the Thames. A new tender to operate the services was not submitted. It was alleged that the Defendants had inequitably seized for themselves a business opportunity which the . .
See Also – London and Regional Investments Ltd v TBI Plc and Another CA 22-Jun-2001
. .
Cited – Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd ChD 9-Nov-2004
The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally . .
Cited – Cobbe v Yeomans Row Management Ltd and Others ChD 25-Feb-2005
Principles for Proprietary Estoppel
A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement . .
Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Cited – Hutchison and others v B and DF Ltd ChD 3-Oct-2008
The claimants sought an order declaring that the defendant had a tenancy and requiring it to execute an appropriate lease. The landlords said that the tenant had a continuation lease under the 1954 renewal procedure, and the tenants said they had . .
Lists of cited by and citing cases may be incomplete.

Company, Trusts

Updated: 05 June 2022; Ref: scu.170009

Allan v Rea Brothers Trustees Limited: CA 8 Feb 2002

The claimant appealed dismissal of his claim for damages for breach of trust. The respondent had administered his pension, a ‘small self-administered scheme’. The regulations required a pensioner trustee who took on specific duties. He had been persuaded by a crook to appoint the defendant to act, knowing that it was intended to draw from the scheme unlawfully, by pretending to be an employee of a company scheme to which the assets had been transferred.
Held: The money transferred was already subject to an express trust. There was a difference between a proprietary and a personal remedy for breach of trust, the latter being affected by the knowledge of the breach in the claimant. Although the transfer of funds did not create a resulting trust, the assets were already trust assets. A beneficiary cannot complain of a breach of trust in which he knowingly participated or acquiesced. Appeal dismissed.

Judges:

Lord Justice Aldous, Lord Justice Robert Walker, Lord Justice Keene

Citations:

[2002] EWCA Civ 85

Links:

Bailii

Statutes:

Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-Administered Schemes) Regulations 1991 (1991 No.1614)

Jurisdiction:

England and Wales

Citing:

Cited – Stannard v Fisons Pension Trust Limited CA 1991
Fisons had sold their fertiliser division to Norsk Hydro. Acting on advice of actuaries and thinking that the fund was in deficit, the trustees made a transfer to a new fund to provide for pensions of transferring employees in accordance with a . .

Cited by:

Cited – Clark v Cutland CA 18-Jun-2003
One director discovered that his co-director had withdrawn substantial sums from the company. . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Trusts, Equity

Updated: 05 June 2022; Ref: scu.167592

Darby v Darby; Rebecca Darby v Alfred Edmund William Darby, Alice Mary Darby, Alfreda Lucy Darby, Abraham Darby: 8 Mar 1856

A. and B. purchased land on a joint speculation with their joint monies for the purpose of laying it out in building plots, and reselling it at the joint profit or loss of A. and B. Held, that it was converted out and out, and the share of one of the partners deceased in part of the unrealised real estate passed to his personal representatives.

Citations:

[1856] EngR 328, (1856) 3 Drew 495, (1856) 61 ER 992

Links:

Commonlii

Jurisdiction:

England and Wales

Land, Trusts

Updated: 05 June 2022; Ref: scu.291083

Warriner v Rogers: 1800

(Year unknown) The donor wrote on pieces of paper that her servant was to have certain property on her death, but these documents did not amount to a valid will.
Held: The gift was imperfect as these documents did not constitute a valid declaration of trust.

Judges:

Sir James Bacon VC

Citations:

LR 16 Eq 340

Jurisdiction:

England and Wales

Cited by:

Cited – Pennington and Another v Waine, Crampton and others CA 4-Mar-2002
The deceased had made a gift of shares. She had executed a transfer, and acting upon the promise, the donee had agreed to become a director which he could only do if he also became a shareholder. The transfer was delivered to the deceased’s agent, . .
Lists of cited by and citing cases may be incomplete.

Trusts, Wills and Probate

Updated: 05 June 2022; Ref: scu.183415

Williams v Central Bank of Nigeria: QBD 24 Jan 2012

The claimant asserted involvement by the defendant bank in a fraud perpetrated against him. Jurisdiction had already been admitted for one trust , and now the claimant sought to add two further claims.
Held: ‘None of the gateways to English jurisdiction in CPR PD 6B paragraph 3.1 expressly permit a putative claimant to pursue a claim in this jurisdiction to enforce a foreign law. For the reasons I have given, the present claim does not fall within paragraph 3.1(6) and I doubt that it falls within paragraph 3.1(11). However, even if it does, I do not consider that England is ‘clearly or distinctly the most appropriate forum’ for the trial of a claim to enforce a Nigerian law, particularly when, even on the claimant’s case, parts of the claim cannot be determined in England. For these reasons, permission to serve out of the jurisdiction in respect of the new claims is refused.’

Judges:

Beatson J

Citations:

[2012] EWHC 74 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Williams v Central Bank of Nigeria QBD 8-Apr-2011
The claimant had been defrauded by a customer of the defendant bank. He brought a claim against the bank, saying that they knew or ought to have known of the fraudster’s activities, and were liable. The Bank denied that the UK courts had . .
Cited – RG Carter Ltd v Clarke CA 1990
Even in an Order 14 application, the court will, on suitable occasions, be prepared to decide complicated and difficult questions of law.
Lord Donaldson MR said: ‘If a judge is satisfied that there are no issues of fact between the parties, it . .
Cited – ICI Chemicals and Polymers Ltd v TTE Training Ltd CA 13-Jun-2007
The Defendant had applied for summary judgment under CPR Part 24. One argument was a short point of construction. The Judge suggested the parties agree that he should decide the point as a preliminary issue. They were unwilling so he proceeded on . .
Cited – Henry v Hammond KBD 1913
Channell J said: ‘It is clear that if the terms upon which the person receives the money are that he is bound to keep it separate, either in a bank or elsewhere, and to hand that money so kept as a separate fund to the person entitled to it, then he . .
Analogy – Swain v The Law Society HL 1983
The Solicitors’ Practice Rules had the force of a statute, being rules made by the Council of the Law Society with parliamentary sanction for the protection of that section of the public who might be in need of legal advice, assistance or oversight. . .
Cited – Regina v Clowes (No 2) 1994
The court considered appeals from from criminal convictions including theft in the course of which it was necessary to consider whether the defendants were trustees of monies passed to their company for the purpose of investment in a particular . .
Cited – Canada Trust Company and others v Stolzenberg and others (2) CA 29-Oct-1997
The court looked at questions relating to domicile and jurisdiction; standard of proof, date to be determined and duties before service.
Held: The court is endeavouring to find an imprecise concept which reflects that the plaintiff must . .
Cited – 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. . .
Cited – ICI Chemicals and Polymers Ltd v TTE Training Ltd CA 13-Jun-2007
The Defendant had applied for summary judgment under CPR Part 24. One argument was a short point of construction. The Judge suggested the parties agree that he should decide the point as a preliminary issue. They were unwilling so he proceeded on . .
Cited – Cherney v Deripaska ComC 3-Jul-2008
Renewed application for leave to serve proceedings out of jurisdiction. The court considered a submission that a fair trial would not be possible in Russia: ‘An English court will approach with considerable circumspection any contention that a . .
Cited – Greene Wood and Mclean v Templeton Insurance Ltd ComC 10-Jul-2008
Application to set aside order permitting service outside jurisdiction in Isle of Man. . .
Cited – Cecil and Others v Bayat and Others ComC 29-Mar-2010
The defendants sought to set aside an order allowing service out of the jurisdiction pleading forum non conveniens. . .
Cited – AK Investment CJSC v Kyrgyz Mobil Tel Ltd and Others PC 10-Mar-2011
Developing Law – Summary Procedures Very Limited
(Isle of Man) (‘Altimo’) The parties were all based in Kyrgyzstan, but the claimant sought a remedy in the Isle of Man which would be unavailable in Kyrgyzstan.
Held: Lord Collins said: ‘The general rule is that it is not normally appropriate . .
Cited – Re Schebsman CA 1944
The import into commercial law of equitable principles would be inconsistent with the certainty and speed which are the essential requirements for the orderly conduct of business affairs.
Lord Greene MR said: ‘The first question which arises . .

Cited by:

See Also – Central Bank of Nigeria v Williams CA 3-Apr-2012
The claimant alleged that he had been defrauded and accused the appellant of involvement in the fraud. The Bank appealed against a finding that the claim against it was not time limited.
Held: The appeal failed. The action was by a beneficiary . .
See Also – Williams v Central Bank of Nigeria CA 2-Jul-2013
The claimant appealed against an order dis-allowing service on it out of the jurisdiction.
Held: Dr Williams’ appeal in respect of the Nigerian law claim was allowed but rejected in respect of the trust claim and the contract claim. . .
See Also – Williams v Central Bank of Nigeria SC 19-Feb-2014
Bank not liable for fraud of customer
The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a . .
Lists of cited by and citing cases may be incomplete.

Trusts, International

Updated: 05 June 2022; Ref: scu.450512

Murphy v Murphy: ChD 2 May 1998

Where a plaintiff could show that he might have some potential interest under a discretionary trust, the settlor could be obliged by the court to disclose the names and addresses of the settlement trustees.

Citations:

Times 02-May-1998, [1999] 1 WLR 282

Jurisdiction:

England and Wales

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 05 June 2022; Ref: scu.84129

Mortgage Corporation Ltd v Shaire and Another: ChD 25 Feb 2000

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 those of, for example, children living in the house. This might act to the detriment of banks, and the old authorities, whilst not entirely irrelevant, should be viewed with caution. Where the parties have reached a consensus on the beneficial interests in the property, the court will give effect to it, unless there is very good reason for not doing so, such as a subsequent renegotiation.

Judges:

Neuberger J

Citations:

Gazette 16-Mar-2000, Times 21-Mar-2000, [2000] 1 FLR 973, [2001] Ch 743, [2000] EWHC Ch 452

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996 14 15, Law of Property Act 1925 30

Jurisdiction:

England and Wales

Cited by:

Cited – Stack v Dowden CA 13-Jul-2005
The parties purchased a property together. The transfer contained a survivorship restriction but no declaration of the beneficial interests. The judge had held the property to be held as tenants in commn on equal shares.
Held: In a case where . .
Cited – Stack v Dowden HL 25-Apr-2007
The parties had cohabited for a long time, in a home bought by Ms Dowden. After the breakdown of the relationship, Mr Stack claimed an equal interest in the second family home, which they had bought in joint names. The House was asked whether, when . .
Lists of cited by and citing cases may be incomplete.

Land, Banking, Trusts

Updated: 05 June 2022; Ref: scu.83867

Lohia and Another v Lohia: ChD 7 Sep 2000

Land was transferred from son to his father with no consideration expressed. The father died and the son claimed that the absence of consideration meant that the house was to be held upon trust for the donor and donee as beneficial joint tenants in equal shares, and that accordingly upon the death of the father he was entitled to his share.
Held: The section was clear and that a conveyance for nil value meant what it said. A person seeking to establish a resulting trust had to prove it. The voluntary conveyance was effective in the terms in which it was expressed.

Citations:

Gazette 07-Sep-2000

Statutes:

Law of Property Act 1925 60 (3)

Jurisdiction:

England and Wales

Land, Trusts

Updated: 04 June 2022; Ref: scu.83151

Melville and Others v Inland Revenue Commissioners: ChD 27 Jun 2000

A settlor created a common form discretionary trust save only that it included a right to require, after 90 days, the trustees to revest the settled fund in the settlor. A chargeable transfer was calculated at the reduction in value of his estate after the transfer. The clause meant that the sums remained ‘rights and interests of any description’ belonging to the settlor. The Revenue had not established that the statutory definition of property should not apply.

Citations:

Times 27-Jun-2000, Gazette 29-Jun-2000

Statutes:

Inheritance Tax Act 1984

Jurisdiction:

England and Wales

Cited by:

Appeal from – Melville and others v Commissioners of Inland Revenue CA 31-Jul-2001
The taxpayer, to minimize his tax, put assets into a discretionary trust. The trust included the right for him to give 90 days notice requiring the assets to be transferred to him absolutely. He successfully argued that the assets were no longer . .
Lists of cited by and citing cases may be incomplete.

Trusts, Inheritance Tax, Capital Gains Tax

Updated: 04 June 2022; Ref: scu.83617

In Re Skinner: ChD 1904

A beneficiary of a will trust brought an action for an account, having had little or no accounting from the executors and trustees (one a professional solicitor, entitled to charge) since the testator died more than two years before the action was commenced. The court made a full administration order, and the question whether the executor trustees should pay the costs was reserved.
Held: After further argument, Farwell J held that the plaintiff was entitled to her costs. He said: ‘The gist of the complaints against the defendants . . is that they would not, and did not, render any proper accounts, though repeatedly requested to do so by the plaintiff and by . . their co-executor. Now it is clear that in the case of a small estate like this it is very hard that the plaintiff should be obliged to have recourse to proceedings of this nature in order to get an account. I am always unwilling to make trustees pay costs; but, on the other hand, beneficiaries have a right to expect the performance of their duty by executors, and not the less when one of them has power to make professional charges. In my opinion the conduct of these two defendants amounts to a gross neglect to account. ‘

Judges:

Farwell J

Citations:

[1904] 1 Ch 289

Jurisdiction:

England and Wales

Citing:

Applied – Heugh v Scard CA 1875
Sir George Jessel MR said: ‘In certain cases of mere neglect or refusal to furnish accounts, when the neglect is very gross or the refusal wholly indefensible, I reserve to myself the right of making the executor or trustee pay the costs of . .

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Cited – Blades v Isaac and Another ChD 21-Mar-2016
Claim by beneficiary under discretionary trust.
Held: A trustee’s wrongful failure to provide information does not necessarily justify an adverse costs order. . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 02 June 2022; Ref: scu.567857

Nestle v National Westminster Bank: ChD 1988

The plaintiff was the remainder beneficiary under the will trust of her grandfather, who died in 1922. The trust fund was then worth about andpound;50,000. The last outstanding life interest under the trust was that of her father John, who died in 1986. Thereafter she was absolutely entitled to the trust fund, by that time worth some andpound;269, 203. The plaintiff complained that, after adjusting the 1922 value for changes in the retail prices index to date, it should have been worth about andpound;1 million. She further said that, if adjusted for increases in the ordinary shares index on the stock market, that part of the fund which her grandfather had invested in ordinary shares would have been worth over andpound;1.8 million. She attributed the fact that it was not worth so much to breach of trust on the part of the bank trustee in both misinterpreting the trust investment clause and investing badly.
Held: Hoffmann J said: ‘There was a claim by Miss Nestle for income accounts for the funds since their inception. For the period during which any income might have accrued to capital, namely until John Nestle turned 25 in 1938, those accounts were delivered a long time ago. In respect of the period since that date she has as a capital beneficiary no interest in the disposal of the income and is not in my judgment entitled to accounts.’

Judges:

Hoffmann J

Citations:

[2000] WTLR 795, (1988) 10 Tru LI 112

Jurisdiction:

England and Wales

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 02 June 2022; Ref: scu.567851

In re Tillott: ChD 1892

The plaintiff was entitled under a will trust to a one twelfth share in the capital of the residue, contingently on the death of his mother, who was a life tenant. The residue included Bank of England Consols. He had already obtained from the court an order that the defendant will trustee write to the Bank of England authorising it to inform the plaintiff of the amount of such Consols and to produce all the documents relating to property in which the plaintiff was interested. He now sought an order that the defendant trustee authorise the Bank to inform him of any incumbrances on that property, such as charging orders or stop notices. The trustee objected, on the grounds that the plaintiff might thereby obtain information as to the dealings of other contingently entitled remaindermen with their own shares.
Held: The plaintiff was entitled to have the further information sought, so that he would know whether the fund in which he was interested was incumbered or not.
Speaking of the trustee’s argument, Chitty J said: ‘this may give the Plaintiff more information than he is entitled to ask, because as there are twelve shares in this fund, it may be that there are several distringases of the fund obtained by persons who have charges on the continent interest of the other persons, and it is clear that the trustee is not bound to give the cestui que trust of one share any information as to the dealings of the other cestui que trust in whose share he has no interest, shewing whether those shares are or are not incumbranced.’

Judges:

Chitty J

Citations:

[1892] 1 Ch 86

Jurisdiction:

England and Wales

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 02 June 2022; Ref: scu.567852

Japan Leasing (Europe) Plc v Shoa Leasing (Singapore) PTE Ltd: ChD 30 Jul 1999

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.

Judges:

Nicholas Warren QC

Citations:

[1999] BPIR 911, [2000] WTLR 301, [1998] EWHC 322 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Wrongy decided – Bailey and Another v Angove’s Pty Ltd SC 27-Jul-2016
The defendant had agreed to act as the claimant’s agent and distributor of the claimant’s wines in the UK. It acted both as agent and also bought wines on its own account. When the defendant went into litigation the parties disputed the right of the . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Trusts

Updated: 02 June 2022; Ref: scu.568651

Ridgwell and others v Ridgwell and others; In Re RGST Settlement Trusts: ChD 14 Nov 2007

Funds were held upon trust for X with the remainder (in default of exercise of the power of appointment) to his three children aged 7,5 and 2. It was beneficial for tax purposes to insert a life interest in favour of X’s surviving spouse (thereby postponing the interest of the children). An alternative would have been to make outright transfers to the children during the lifetime of X. HHJ Behrens accepted that it was not appropriate to put substantial sums on bare trust for the children given their ages and the fact that they would then have complete control of the assets at the age of 18. That was regarded as a moral hazard, and in preference to that vesting was deferred.

Judges:

Behrens QC J

Citations:

[2007] EWHC 2666 (Ch)

Links:

Bailii

Statutes:

Variation of Trusts Act 1958 1

Jurisdiction:

England and Wales

Cited by:

Cited – Wright and Another v Gater and Others ChD 7-Nov-2011
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 . .
Lists of cited by and citing cases may be incomplete.

Trusts, Children

Updated: 02 June 2022; Ref: scu.261464

Attorney General of the Caymen Islands and others v Even Wahr-Hansen: PC 26 Jun 2000

(Caymen Islands) A memorandum of agreement that proceeds of a trust fund should be paid to ‘any one or more religious, charitable or educational institutions . . or . . operating for the public good’ was not charitable since it the objects were not exclusively charitable, and was also void for perpetuity. It would be wrong to extend the rule allowing trusts for small localities to be extended to make charitable general gifts. The absence of time limits to the vesting of interests and exercise of the powers were fatal.

Judges:

Lord Browne-Wilkinson, Lord Simonds

Citations:

Times 27-Jul-2000, [2000] UKPC 26, [2001] 1 AC 75, [2000] 3 All ER 642

Links:

Bailii, PC, PC

Cited by:

Cited – Drummond v Regina CACD 7-Mar-2002
The appellant had been convicted of causing death by careless driving with excess alcohol. He said that he had taken alcohol after stopping driving but before being tested. He challenged the weight of the burden of proof ascribed by the statute. The . .
Cited – Helena Partnerships Ltd v HM Revenue and Customs CA 9-May-2012
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a . .
Lists of cited by and citing cases may be incomplete.

Charity, Trusts, Commonwealth

Updated: 01 June 2022; Ref: scu.159414

Equitable Life Assurance Society v Hyman: HL 20 Jul 2000

The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained no relevant express restriction on the power to do so. The critical question was whether a relevant restriction was to be implied.
Held: Where a life assurance company had issued retirement policies which guaranteed certain returns, the policy holders had a proper and reasonable expectation that those promises would be met. The discretion given to the directors to set the levels of returns must be read to be subject to the prior expectation created, and must be exercised accordingly subject to those expectations.
Lord Steyn emphasised that the test for the implication of a term into a contract is one of strict necessity. The test was a stringent one and the term that the Court was there prepared to imply was ‘essential to give effect to the reasonable expectations of the parties.’ and ‘If a term is to be implied, it could only be a term implied from the language of [the instrument] read in its commercial setting.’ The approach of construction was to ascertain the intention to be imputed to the parties as a consequence of considering the agreement as a whole in that commercial setting.
Lord Steyn observed that the implication of a term was ‘not critically dependent on proof of an actual intention of the parties’ when negotiating the contract.

Judges:

Lord Slynn of Hadley Lord Steyn Lord Hoffmann Lord Cooke of Thorndon Lord Hobhouse of Woodborough

Citations:

Times 21-Jul-2000, Gazette 03-Aug-2000, [2000] UKHL 39, [2000] 3 All ER 961, [2000] 3 WLR 529, [2002] 1 AC 408, [2001] Lloyds Rep IR 99, [2000] Pens LR 249, [2000] OPLR 101

Links:

House of Lords, House of Lords, Bailii

Jurisdiction:

England and Wales

Citing:

At CA – Equitable Life Assurance Society v Hyman CA 21-Jan-2000
The life company had granted policies to members which had guaranteed certain standards of bonuses. The level of reward became unsupportable and the company imposed terms restricting returns on retirement policies where policy holders sought to . .
At ChD – The Equitable Life Assurance Society v Hyman ChD 9-Sep-1999
Where a mutual life assurance company had allowed some members to acquire reasonable expectations that they would receive certain benefits under their policies, such expectations fell short of a contractual right, and where necessary, the trustees . .

Cited by:

Cited – Equitable Life Assurance Society v Ernst and Young CA 25-Jul-2003
The claimant sought damages from its accountants, saying that had they been advised of the difficulties in their financial situation, they would have been able to avoid the loss of some 2.5 billion pounds, or to sell their assets at a time when . .
See also – 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 . .
Cited – Donington Park Leisure Ltd v Wheatcroft and Son Ltd ChD 7-Apr-2006
Leave to apply was pursued under the provisions of a Tomlin order. The parties had disputed the extent to which parts of the order should be exhibited to the court.
Held: The Tomlin order should be amended to add terms necessary to give effect . .
Cited – Aitken v Standard Life Assurance Ltd SCS 3-Dec-2008
The pursuer averred that the defendant, his pension provider, had wrongfully reduced its final bonus by ten per cent without notifying him. He sought to imply a term into the contract to provide such an effect, saying that the contract promised an . .
Cited – Attorney General of Belize and others v Belize Telecom Ltd and Another PC 18-Mar-2009
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was . .
Cited – Equitable Members Action Group, Regina (On the Application of) v Her Majesty’s Treasury Admn 15-Oct-2009
The applicants sought judicial review of the defendant’s response to a report of the Parliamentary Ombudsman finding maladministration by the defendant in rejecting the recommendation for compensation.
Held: The respondent’s rejection of the . .
Cited – Pitt and Another v Holt and Others ChD 18-Jan-2010
The deceased had created a settlement in favour of his wife. He suffered serious injury and placed the damages in trust, but in a form which created an unnecessary liability to Inheritance Tax on his death. The wife’s mental health act receiver now . .
Cited – 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 . .
Cited – Margerison v Bates and Another ChD 30-May-2008
The court considered the construction of a restrictive covenant after the disappearance of the covenantee. The covenant required no additional building without the consent of the covenantee, such consent not to be unreasonably withheld. The term . .
Cited – Scottish Widows Plc v Revenue and Customs SC 6-Jul-2011
The taxpayer insurance company had transferred sums from accounts designated as Capital Reserves. The Revenue said that these were properly part of the profit and loss accounts for the respective tax years, and chargeable receipts.
Held: The . .
Cited – Futter and Another v Revenue and Customs; Pitt v Same SC 9-May-2013
Application of Hastings-Bass Rule
F had created two settlements. Distributions were made, but overlooking the effect of section 2(4) of the 2002 Act, creating a large tax liability. P had taken advice on the investment of the proceeds of a damages claim and created a discretionary . .
Cited – British Telecommunications Plc v Telefonica O2 UK Ltd SC 9-Jul-2014
The parties disputed the termination charges which BT was entitled to charge to mobile network operators for putting calls from the latter’s networks through to BT fixed lines with associated 08 numbers. BT had introduced new tariff charges.
Cited – Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another CA 14-May-2014
The court considered the operation of a break clause within a lease, and in particular ‘ Can the court imply a term which enables the lessee to get back that part of the advance payment of rent which relates to a period (‘the broken period’) after . .
Cited – Mr H TV Ltd v ITV2 Ltd ComC 8-Oct-2015
The claimant had contracted with the defendant for the production of a series of reality TV shows featuring celebrities. After severe personal clashes between the people involved on the claimants side, the contract was terminated. The claim was that . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Trusts, Financial Services, Contract

Updated: 31 May 2022; Ref: scu.159073

Melville and others v Commissioners of Inland Revenue: CA 31 Jul 2001

The taxpayer, to minimize his tax, put assets into a discretionary trust. The trust included the right for him to give 90 days notice requiring the assets to be transferred to him absolutely. He successfully argued that the assets were no longer part of his estate, since that right was an asset in his estate. The revenue appealed. The sections defined his estate as ‘the aggregate of all property to which he is beneficially entitled’, and section 272 included rights and interests of any description. The right was valuable, and thus substantially reduced the value transferred into the trust fund, and therefore the tax payable on that transfer.

Judges:

Lord Justice Peter Gibson, Lady Justice Arden, Lord Justice Kay

Citations:

Gazette 27-Sep-2001, Times 09-Oct-2001, [2001] EWCA Civ 1247, (2001-02) 4 ITELR 231, [2001] STC 1271, [2001] NPC 132, 74 TC 372, [2001] STI 1106, [2001] WTLR 887, [2002] 1 WLR 407, [2001] BTC 8039

Links:

Bailii

Statutes:

Inheritance Tax Act 1984 3(1) 5 272

Jurisdiction:

England and Wales

Citing:

Appeal from – Melville and Others v Inland Revenue Commissioners ChD 27-Jun-2000
A settlor created a common form discretionary trust save only that it included a right to require, after 90 days, the trustees to revest the settled fund in the settlor. A chargeable transfer was calculated at the reduction in value of his estate . .
Lists of cited by and citing cases may be incomplete.

Inheritance Tax, Capital Gains Tax, Trusts

Updated: 31 May 2022; Ref: scu.147653

White v White: CA 21 Jun 2001

A family had occupied a council house. They purchased the property under the right to buy scheme, with financial assistance from a son, who having paid the mortgage was to allow his parents to live in the house, but then it was to become his. The son fell into arrears, and the family into dispute about the trusts upon which the home was held. One son sought a retrial.
Held: The first trial and the judgment given was unsatisfactory, but all parties had contributed to the defects. A new trial should be ordered only in exceptional cases, and this was not a case in which justice required a retrial.

Judges:

Lord Justice Henry, Lord Justice Robert Walker And Lord Justice Longmore

Citations:

[2001] EWCA Civ 955

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Heffer and Another v Tiffin Green (A Firm) CA 17-Dec-1998
The plaintiff had sued the defendant accountants for negligently understating their business profits by inflating the figure for creditors. As a result, further tax had to be paid. The plaintiffs claimed the penalties and interest on tax paid . .
Cited – Bray v Ford HL 1896
An appellate court’s power to order a new trial is conditional on ‘some substantial wrong or miscarriage’ being established.
Lord Hershell said: ‘It is an inflexible rule of the court of equity that a person in a fiduciary position, such as . .

Cited by:

Cited – Foster v Foster CA 16-Apr-2003
The marriage had been short, there were no children, both parties were working, and each could support themselves providing themselves with accomodation. The wife had successfully appealed a finding of the district judge for an equal distribution. . .
Lists of cited by and citing cases may be incomplete.

Trusts, Litigation Practice

Updated: 31 May 2022; Ref: scu.147587

Buhr v Barclays Bank plc: CA 26 Jan 2001

The bank took a second charge over property, but failed to get it registered. The chargors fell into debt and bankruptcy, and the property was sold. The proceeds were used to discharge the first charge, and then repay unsecured creditors. The bank claimed the money had been received on constructive trust.
Held: The court confirmed that the failure to register the charge only voided it as against the purchaser. When the bank’s security was destroyed, a security interest was created automatically in the asset which replaced it. The sale by the husband and wife was not authorised by the bank, and the judge had concluded correctly.
Arden LJ stated: ‘if . . the mortgagor makes a disposition of the mortgaged property in a manner which destroys the mortgagee(s estate in the mortgaged property, a security interest in the property which represents the mortgaged property automatically and as a matter of law comes into existence as from the moment that the mortgagor becomes entitled to their property.’

Judges:

Woolf LCJ, Tuckey, Arden LJJ

Citations:

Gazette 09-Aug-2001, [2001] EWCA Civ 1223, [2002] 1 P and CR DG7, [2002] BPIR 25, [2001] 31 EGCS 103, [2001] NPC 124

Links:

Bailii

Statutes:

Law of Property Act 1925 63

Jurisdiction:

England and Wales

Citing:

Cited – Banner v Berridge 1881
. .
Cited – Charles v Jones 1887
. .
Cited – The Benwell Tower 1895
. .
Cited – Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others CA 1-Mar-2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against . .

Cited by:

Cited – Wight, Pilling, Mackey v Eckhardt Marine GmbH PC 14-May-2003
(Cayman Islands) An international bank went into liquidation in the Cayman Islands, with liabilities in Bangladesh. A new bank was created in Bangladesh, and the applicants sought to make the new bank liable, and through them the liquidators.
Cited – Menelaou v Bank of Cyprus Plc ChD 19-Jul-2012
On the sale of the claimant’s property, the solicitors received agreement by the defendant bank to the release of their charge over the property for a certainsum, being less than the loan outstanding. In the course of discharging the loan, a bank . .
Cited – Bank of Cyprus UK Ltd v Menelaou SC 4-Nov-2015
The bank customers, now appellants, redeemed a mortgage over their property, and the property was transferred to family members, who in turn borrowed from the same lender. A bank employee simply changed the name on the mortgage. This was ineffective . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts, Insolvency

Updated: 31 May 2022; Ref: scu.147410

Wight and Wight v Olswang: CA 7 Dec 2000

Citations:

[2000] EWCA Civ 310

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

Cited by:

Appealed to – 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 . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 31 May 2022; Ref: scu.147343

Equitable Life Assurance Society v Hyman: CA 21 Jan 2000

The life company had granted policies to members which had guaranteed certain standards of bonuses. The level of reward became unsupportable and the company imposed terms restricting returns on retirement policies where policy holders sought to purchase annuities outside the society.
Held: The absolute discretion given to the company’s directors did not extend to allowing them to make such a distinction, even though the terminal bonuses had not been guaranteed.

Citations:

Times 26-Jan-2000, Gazette 03-Feb-2000, [2000] EWCA Civ 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – The Equitable Life Assurance Society v Hyman ChD 9-Sep-1999
Where a mutual life assurance company had allowed some members to acquire reasonable expectations that they would receive certain benefits under their policies, such expectations fell short of a contractual right, and where necessary, the trustees . .

Cited by:

At CA – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Trusts

Updated: 31 May 2022; Ref: scu.147038

Sumir Singh Dhingra v Surjit Singh Dhingra: CA 20 Jul 1999

Citations:

[1999] EWCA Civ 1899

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Dhingra v Dhingra CA 13-Aug-1998
Claim by son that National Savings Account in joint names with his father was held in trust for himself alone. . .

Cited by:

See Also – Dhingra v Dhingra CA 13-Aug-1998
Claim by son that National Savings Account in joint names with his father was held in trust for himself alone. . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 31 May 2022; Ref: scu.146814

Wight, Wight v Olswang, Peters: CA 29 Apr 1999

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.

Citations:

Times 18-May-1999, Gazette 09-Jun-1999, [1999] EWCA Civ 1309

Jurisdiction:

England and Wales

Citing:

Appeal from – Wight and Another v Olswang and Another ChD 17-Sep-1998
Where a clause exempting trustees was ambiguous. the clause would be construed against the trustee. Where second such clause exempted only unpaid trustees but in limited fashion, a first clause was to be read similarly. . .

Cited by:

Appealed To – Wight and Another v Olswang and Another ChD 17-Sep-1998
Where a clause exempting trustees was ambiguous. the clause would be construed against the trustee. Where second such clause exempted only unpaid trustees but in limited fashion, a first clause was to be read similarly. . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 30 May 2022; Ref: scu.146224

Willis and Son v Willis: CA 1986

The appellants had resisted giving a flat, claiming a promissory estoppel based on the respondents having more than once said that the appellants could live in the premises rent free for as long as they needed. The appellants said that some pounds 1339.90 had been spent relying upon that promise. The appellants produced a letter given to their solicitor to support the particulars. The writer said he had carried out the works. He no longer had details, but could confirm the details from his ledgers. The letter was found to be a complete fiction. He had done no work, had no ledgers and had not been paid. Both appellants knew that it was wholly false.
Held: If the falsity of the Robins’ letter had not been discovered it would have been relied upon throughout the proceedings. ‘I find it difficult to see how there could be any more serious conduct than that. When a party comes to the Court and seeks to obtain from it equitable relief, it is accepted, as I have said, that he must come with clean hands. I accept also, as was submitted on behalf of the appellants, that not every item of misconduct can possibly be sufficient to deprive a party who seeks equity from being granted the relief he seeks. Some misconduct may be trivial. But when a party acts as these parties have done – and Joanna Willis must be regarded as having been concerned in this, albeit indirectly, in as much as the document was put forward on behalf of both the appellants – it seems to be impossible for this Court to do other than to take the most serious view of it and to decline to grant equitable relief even if, to which I say nothing because it does not arise on the view I take of this case, they would otherwise have been so entitled.’ (Sir John Donaldson MR) ‘The conduct of the appellants which has been disclosed in this case was such that no Court could, in my judgment, possibly grant equitable relief.’ and ‘When a person seeks the aid of the Court to obtain the Court’s assistance, via the principles of equity, to override somebody’s strict legal rights, it is clearly a case for the application of the maxim, as indeed is accepted by the appellants, ‘that he who comes to equity must come with clean hands’.’

Judges:

Parker LJ, Sir John Donaldson MR

Citations:

[1986] 1 EGLR 62

Jurisdiction:

England and Wales

Cited by:

Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Gonthier and Another v Orange Contract Scaffolding Ltd CA 25-Jun-2003
The question of a proprietary estoppel as between landlord and tenant arose. An agreement had been reached subject to contract for the grant of a lease, with an option to purchase. The tenant was allowed into possession before the documentation was . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Trusts

Updated: 30 May 2022; Ref: scu.183377

Polly Peck International Plc v The Marangos Hotel Company Ltd and Others: CA 7 May 1998

Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave.
Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called ‘remedial constructive trust’ is not known in English law. Mummery LJ pointed to the lack of any material distinction between compulsory winding up and administration.

Judges:

Nourse LJ, Potter LJ, Mummery LJ

Citations:

Times 18-May-1998, [1998] EWCA Civ 789, [1998] 3 All ER 812, [1998] 2 BCLC 185

Links:

Bailii

Statutes:

Insolvency Act 1986 11(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Cited – Harms Offshore AHT Taurus Gmbh and Co KG v Bloom and Others CA 26-Jun-2009
The court had granted to the liquidators of a company a mandatory injunction requiring the appellant German companies to attempt to obtain the release of assets from attachment by the court in new York.
Held: The appeal was dismissed. The . .
Lists of cited by and citing cases may be incomplete.

Trusts, Insolvency

Updated: 30 May 2022; Ref: scu.144267

In Re K: CA 1986

The court dismissed the appeal against the exercise of discretion by Vinelott J at first instance. After hearing a detailed argument as to why the Judge had not properly exercised his discretion in making a modification order which applied to all the interest accruing to a widow on the death of her husband, Griffiths LJ concluded: ‘The discretion given to the Judge by section 2(2) is couched in the widest language. I, too, would like to pay tribute to the great care and lucidity with which the Judge reviewed all the material circumstances in this case. I have not been persuaded that any grounds have been demonstrated which would justify this court in interfering with the exercise of his discretion.’

Judges:

Griffiths, Ackner and Browne-Wilkinson LJJ

Citations:

[1986] Ch 180

Statutes:

Forfeiture Act 1982 2(2)

Jurisdiction:

England and Wales

Cited by:

Cited – Dunbar (As Administrator of Tony Dunbar Deceased) v Plant CA 23-Jul-1997
The couple had decided on a suicide pact. They made repeated attempts, resulting in his death. Property had been held in joint names. The deceased’s father asked the court to apply the 1982 Act to disentitle Miss Plant.
Held: The appeal was . .
Lists of cited by and citing cases may be incomplete.

Equity, Trusts

Updated: 29 May 2022; Ref: scu.185184

In re Moritz: CA 1960

Trustees had denied the defendants a sight of the exhibits to affidavits. Their’ counsel argued for a settled practice that where an application is made by trustees for directions of the Beddoe kind, then the proposed defendant beneficiaries should not necessarily see all the evidence relating to the dispute. Counsel for the proposed beneficiary defendants, argued that he should be entitled to attend argue for his clients, on all matters including ones based on the so-far denied exhibits, and that it was for the Judge to say if those arguments were heard in the presence of parties other than the trustees who sought the directions of the court, though where one was considering beneficiaries and where their trust estate might bear the expense of the proposed litigation, it was beneficiaries’ money that was being spent or being proposed to be spent.
Held: Wynn-Parry J said: ‘Speaking for myself, so far as I know, it has been the practice of this court, without exception, over a great many years, that where, in such a case as this, application is made by a trustee ex necessis where there are disputes, for directions from the court as to whether or not proceedings should be brought against the defendants, those defendants are not entitled to be heard upon that application. The court acts upon such evidence as is placed before it and it expresses itself one way or the other.’ and
‘As I understand it, the practice in this Division is that where a trustee finds it is compelled to ask for the directions of the court as to whether or not certain proceedings should be taken, while it is proper and indeed necessary to join the parties against whom the proposed relief is sought, those parties should not be present in Chambers when the matter is debated; and they should not be furnished with the evidence upon which the court is asked to act . . Very frequently, the leave to proceed is limited, for instance, up to discovery, but it would seem to me to be a quite unjustified inroad upon what I conceive to be a very useful practice if I were to allow this application and to allow the two defendants not merely to be present at the beginning of the proceedings when the originating summons is heard, but to remain there throughout those proceedings and to have all the evidence on which the trustees are asking the court for its directions. I know of no precedent for it, and, in my view, it is completely against the established practice.’

Judges:

Wynn-Parry LJ

Citations:

[1960] Ch 251

Jurisdiction:

England and Wales

Citing:

Cited – In Re Beddoe, Downes v Cottam CA 1893
A trustee had unsuccessfully defended an action against the trust in detinue for the return of deeds. He now sought protection against a costs order. Costs having been awarded against a trustee in proceeding A, the trustee sought to be indemnified . .

Cited by:

Cited – 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, . .
Cited – 3 Individual Present Professional Trustees of 2 Trusts v an Infant Prospective Beneficiary of One Trust and others ChD 25-Jul-2007
The parties challenged under the 198 Act the right of trustees to seek a Beddoe order protecting themselves against an award of costs. . .
Lists of cited by and citing cases may be incomplete.

Trusts, Costs, Litigation Practice

Updated: 29 May 2022; Ref: scu.185414

Regina (On the Application of Lemon Land Ltd) v Hackney London Borough Council: Admn 11 May 2001

The authority had two offers for the purchase of land. One was for less, but proposed greater employment opportunities, the value of which they felt made up for the lower consideration. The Act did not allow the local authority to take such additional returns to the community into account, and should have accepted the greater offer. The provisions placed upon the authority duties equivalent of those of trustees, and its stewardship of the land was subject to audit. The object of improving employment opportunities did not bring the motive for the selection within the rubric of ‘best consideration’
courtcommentary.com Judicial review of a decision for sale of land by Regeneration Committee of borough council ‘for a consideration less than the best that can reasonably be obtained’

Judges:

Lightman J

Citations:

Gazette 24-May-2001, [2001] EWHC Admin 336

Links:

Bailii

Statutes:

Local Government Act 1972 123(2)

Local Government, Trusts

Updated: 29 May 2022; Ref: scu.140329

Duncan v Duncan: HL 14 Dec 1892

A beneficiary under a trust-disposition and settlement brought an action for reduction of a later settlement of the testator which he alleged had been executed when the testator was of unsound mind. Objection was taken to the pursuer’s title, on the ground that the value of his interest under the later settlement was as large as under the former.
The Court repelled the objection, holding that the pursuer had a title to assert his right under what he alleged to be the only valid settlement of the testator.
Opinions reserved as to whether one of three trustees nominated in a trust-disposition and settlement has a title to sue for reduction of a later settlement by the testator.

Judges:

Lord Stormonth Darling

Citations:

[1892] UKHL 167, 30 SLR 167

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 28 May 2022; Ref: scu.634565

The Equitable Life Assurance Society v Hyman: ChD 9 Sep 1999

Where a mutual life assurance company had allowed some members to acquire reasonable expectations that they would receive certain benefits under their policies, such expectations fell short of a contractual right, and where necessary, the trustees and directors retained the discretion under the articles of the company to reduce bonuses in line with investment returns.

Citations:

Times 12-Oct-1999, [1999] EWHC 847 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Equitable Life Assurance Society v Hyman CA 21-Jan-2000
The life company had granted policies to members which had guaranteed certain standards of bonuses. The level of reward became unsupportable and the company imposed terms restricting returns on retirement policies where policy holders sought to . .
At ChD – Equitable Life Assurance Society v Hyman HL 20-Jul-2000
The directors of the Society had calculated the final bonuses to be allocated to policyholders in a manner which was found to be contrary to the terms of the policy. The language of the article conferring the power to declare such bonuses contained . .
Lists of cited by and citing cases may be incomplete.

Financial Services, Trusts

Updated: 23 May 2022; Ref: scu.135817

Rodway v Landy: CA 4 Apr 2001

Two doctors in partnership held and occupied premises under a trust of land. After the break up of the partnership and practice into two, they sought to decide what was to happen to the premises. Rules would prevent the sale of the property. The building leant itself to a division under which one party could practice from one part, and the other from the other. The judge ordered accordingly, with additional conditions. On appeal the court confirmed the order. The Act allowed the trustees to restrict occupation of some parts of the land subject to the trust, by one or more beneficiaries. The court could also order the beneficiaries to contribute to the costs of the adaptation.

Citations:

Times 18-Apr-2001, Gazette 01-Jun-2001, [2001] EWCA Civ 471

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996 13(1) 14

Jurisdiction:

England and Wales

Trusts, Land

Updated: 23 May 2022; Ref: scu.135512

Notting Hill Housing Trust v Brackley and Another: CA 24 Apr 2001

One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a ‘function’ relating to the land within the Act, and accordingly there was no need to consult on the notice with the co-tenant. The notice simply served to indicate an unwillingness to withhold consent to the continuance of the tenancy, to allow a liability to continue to accrue. The words of the new Act were strikingly similar to the Act it replaced, and the concept of ‘function’ was not extended.

Citations:

Times 15-Jun-2001, Gazette 14-Jun-2001, [2001] EWCA Civ 601, [2001] L and TR 34, (2001) 82 P and CR DG26, [2001] 35 EG 106, [2001] 18 EGCS 175, [2001] 3 EGLR 11, [2002] HLR 10, [2001] WTLR 1353

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996 11

Jurisdiction:

England and Wales

Citing:

Cited – Newlon Housing Trust v Alsulaimen and Another HL 29-Jul-1998
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession . .

Cited by:

Cited – Sims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Trusts, Housing

Updated: 19 May 2022; Ref: scu.84370

Clarke (Executor of the Will of Francis Bacon, Deceased) v Marlborough Fine Art (London) Ltd and Another: ChD 5 Jul 2001

Francis Bacon sold his paintings through the defendant agents for many years. The original contractual arrangement grew into a fiduciary one. The claimants asserted that the defendants were in breach of that fiduciary duty, the defendants asserted that the relationship remained contractual, and that it was now time barred.
Held: There may be a true constructive trust which would not be time barred, rather than a remedial constructive trust. The test was whether the trustee was a true trustee, whether of a constructive or an express trust. Nor was it clear that a court of equity would have time barred a claim in undue influence.

Judges:

Patten J

Citations:

Times 05-Jul-2001

Statutes:

Limitation Act 1980 36(1)(f)

Cited by:

Cited – McLaughlin and Others v Newall QBD 31-Jul-2009
The claimant asked the court to strike out the defence that the claimant had compromised his claim by agreement. The defendant had written letters critical of the claimants who were governors of a school which had disciplined his daughter a teacher . .
Lists of cited by and citing cases may be incomplete.

Agency, Trusts, Limitation

Updated: 19 May 2022; Ref: scu.79197

Bath and Wells Diocesan Board of Finance and Another v Jenkinson and Others: ChD 6 Sep 2000

Where there was a gift of land on charitable trusts, but where the gift was first expressed to be unlimited in time, but later in the deed provided powers for revocation, and conditions for defeasance, it must remain a matter of construction of the particular deed to decide whether the gift was in perpetuity. In the current cases the reversionary provisions were void for remoteness, and the trustees had acquire a possessory title for charity on the trusts of the original deeds.

Citations:

Times 06-Sep-2000, Gazette 05-Oct-2000

Land, Charity, Trusts

Updated: 18 May 2022; Ref: scu.78288

Carruthers v Carruthers’ Trustees: HL 13 Jul 1896

Where there has been culpa lata on the part of trustees and loss to the trust-estate which it might reasonably be concluded would not have been incurred apart from the trustees’ failure in duty, the onus lies upon them to show that the loss would equally have been incurred if they had performed their duty.
A truster conveyed his whole estate to trustees, who entered on office in 1879. They were empowered to appoint one of their own number or other person as factor for the trust-estate, and were directed to require the factor to lay before them within one month after 31st December in each year an account of his intromissions, ‘with the whole vouchers thereof, to be by them examined, audited, and (if found to be correct) approved of.’ In virtue of this provision the trustees allowed one of their number to act as factor with remuneration. For two years the
accounts were annually delivered to the trustees and audited. No further account was delivered till 1888 for the period between 15th May 1882 and 29th February 1888. A fourth account was delivered on 1st June 1890, which was admitted to he correct, and which showed, as at 1st June 1890, a balance in favour of the factor of pounds 61 odds. No further accounts were delivered to the trustees. During the remainder of 1890 sums of money were received by the factor, which, after allowing for the balance due to him, left in his hands a sum of pounds 104, 2s. 7d. due to the trust-estate. There was at the same time interest due by the trust on certain heritable bonds affecting the lands belonging to the trust-estate which was not paid by the factor. In 1891 further sums were received by the factor on account of the trust-estate, and at the end of 1891 he absconded leaving the whole of these sums unaccounted for.
In an action at the instance of a beneficiary under the trust, held ( reversing the judgment of the Second Division) that the trustees had been guilty of culpa lata in failing to require the delivery of the accounts annually for audit in accordance with the truster’s express direction, and that they were liable to make good to the trust-estate the sum of pounds 104, 2s. 7d. which would presumably have been applied in payment of the interests due had the factor been required to deliver his accounts for audit at the end of year 1890, but not for the further sums misappropriated by him in 1891 prior to the period for delivery of the annual accounts for that year.

Judges:

Lords Herschell, Watson, Macnaghten, Morris, Shand, and Davey

Citations:

[1896] UKHL 809, 33 SLR 809

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 18 May 2022; Ref: scu.634019

Re Cowin: 1886

Citations:

(1886) 33 ChD 179

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 18 May 2022; Ref: scu.567854

Brittlebank v Goodwin: 1868

A trustee is bound to inform a beneficiary, who, on attaining majority is entitled to share in a trust fund, of that interest

Citations:

(1868) LR 5 Eq 545

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 18 May 2022; Ref: scu.567856

Re Boyer’s Settled Estates: 1916

A right to reside shared by two persons was recognized as a valid and effective right. Sargant J said: ‘I think that the effect of s58 is, broadly speaking, to give to the large class of persons comprised in the nine headings of subs(1) of s58 the powers of a tenant for life, although they are not strictly tenants for life by reason of their estates not being strictly estates for life. But, apart from that, I think that the persons who are dealt with under s58 are persons who fall within the general defining provisions of s2(5), under which in determining tenancy you have to regard beneficial title to possession’.

Judges:

Sargant J

Citations:

[1916] 2 Ch 404

Statutes:

Settled Land Act 1882 2(5) 58

Cited by:

Cited – Binions v Evans CA 27-Jan-1972
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 . .
Lists of cited by and citing cases may be incomplete.

Trusts, Landlord and Tenant

Updated: 18 May 2022; Ref: scu.450173

Whitmarsh v Robertson: 25 Jan 1845

By a marriage settlement certain stock in the funds was settled upon the intended husband and wife for their joint lives and the life of the survivor, and then upon the children of the marriage, with a power to the trustees, with the consent of the wife, to advance part of the fund for the benefit of the children in her lifetime. were four children of the marriage. The husband died. The wife married again. The second husband assigned the wife’s life interest for value. After the assignment the trustees, with the consent of the wife, exercised the power of advancement in favour of the children of the first marriage. Held, that the power was well executed as against the assignee of the second husband.

Citations:

[1845] EngR 416, (1845) 1 Coll 570, (1845) 63 ER 548

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 18 May 2022; Ref: scu.303558

Kelson v Kelson: 13 Jan 1853

The statement in a deed of settlement, executed after marriage, was that it was made in consideration of 5s., and divers other good and valuable considerations. Held, that this statement did not, as against strangers to the settlement, amount to evidence that it was not voluntary; and a Defendant claiming against it as a purchaser for valuable consideration, and insisting at the Bar that the settlement was fraudulent and void under the stat. 27 Eliz. c. 4, the Court directed an inquiry whether the settlement was founded on any and what valuable Consideration.

Citations:

[1853] EngR 74 (B), (1853) 10 Hare 385

Links:

Commonlii

Family, Trusts

Updated: 18 May 2022; Ref: scu.294060

Burrows v Walls: 10 Mar 1855

A testator, by his will, gave the residue of his property to three trustees, whom he appointed executors, upon trust to sell and invest the same and to pay the income thereof to his widow for life, and after her decease, to his children, who were still infants at the time of his death. The eldest child attained twenty one in the year 1839, and the youngest in 1846. The three executors proved the will, but one of them almost exclusively acted. The money which was the proceeds of the estate was suffered by two of the executors to remain in the hands of the third, who ultimately became insolvent. On the youngest child attaining twenty one on behalf of himself and his brothers and sisters, attempted to obtain payment from the acting executor, and in 1848 wrote to him a letter consenting to receive payment of the amount then admitted to be due by annual instalments. In 1849, and shortly before the insolvency of the acting trustee, a bill was filed by all the children against the three trustees for the purpose of making them each responsible. Held, that inasmuch as it was the duty of the three trustees to have explained to their cestuis que trust what their rights were, and as they had not done so, there was nothing in the conduct of the children to deprive them of their remedy against the three trustees, who were accordingly declarecl to be, jointly arid severally liable to make good the deficiency,

Citations:

[1855] EngR 294, (1855) 5 De G M and G 233, (1855) 43 ER 859

Links:

Commonlii

Cited by:

Cited – Royal National Lifeboat Institution and Others v Headley and Another ChD 28-Jul-2016
Beneficiaries’ right to information from estate
The claimant charities sought payment of interests under the will following the dropping of two life interests. They now requested various documents forming accounts of the estate.
Held: The charities were entitled to some but not to all of . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Trusts

Updated: 18 May 2022; Ref: scu.292216

Chamberlain v Hutchinson: 9 Jul 1856

A lady had a general power of appointing a trust fund by deed or will, and in default, half was limited to A. arid the other to B. By her will, she appointed the fund to her executor arid made it chargeable with her debts and some legacies, and she gave half the residue, composed of the appointed fund and her own property, to A. Held, that the moiety of the fund subject to the power thus appointed in favour of A. passed to the appointor’s next of kin, as part of her estate undisposed of, and not to the executors of A. as in default of appointment.

Citations:

[1856] EngR 762, (1856) 22 Beav 444, (1856) 52 ER 1179

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 18 May 2022; Ref: scu.291517

Kelson v Kelson: 11 Feb 1853

A question in the cause was whether a settlement was voluntary, which was expressed to be made for ‘divers good and valuable considerations.’ No evidence had been given on the question of consideration ; and the Court was of opinion that the parties ought to have an opportunity of shewing whether there was or was not a valuable consideration for the deed ; and the case was adjourned to Chambers for that purpose.

Citations:

[1853] EngR 240, (1853) 9 Hare App 86, (1853) 68 ER 807

Links:

Commonlii

Family, Trusts

Updated: 18 May 2022; Ref: scu.294226

Greenwood v Percy: 10 Mar 1859

A testator devised freeholds to two and their heirs as tenants in common, and in case either should die without lawful issue surviviog her, then he devised her part ‘ unto the survivor.’ Held, that ‘survivor’ was to he read in its ordinary sense, and not
in the sense of ‘other.’
A partition decreed without a commission, in a case in which infarns were interested, upon satisfactory evidence of the value.

Citations:

[1859] EngR 402, (1859) 26 Beav 572, (1859) 53 ER 1019

Links:

Commonlii

Trusts

Updated: 18 May 2022; Ref: scu.287754

Pryor v Pryor: CA 29 Apr 1864

Parents having a power of appointing an estate to all or any of their children appointed it absolutely to two of their sons, upon the understanding that the appointments should resettle the estate upon certain trusts for the benefit of all the children then living during their respective lives, and subject thereto for the benefit of the children of the sons. This resettlement was made by a contemporaneous deed. Held, that the transaction could not be supported by analogy to the common case of an appointment to a daughter in contemplation of her marriage, accompanied by a contemporaneous settlement of the appointed fund, but that the appointment was void in equity, as made upon a bargain for the benefit of persons not objects of the power,

Judges:

Knight Bruce LJ

Citations:

[1864] EngR 412, (1864) 3 De G J and S 205, (1864) 46 ER 353

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Eclairs Group Ltd and Glengary Overseas Ltd v JKX Oil and Gas Plc SC 2-Dec-2015
Company Director not Trustee but is Fiduciary
The Court was asked about an alleged ‘corporate raid’, an attempt to exploit a minority shareholding in a company to obtain effective management or voting control without paying what other shareholders would regard as a proper price.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Trusts, Equity

Updated: 18 May 2022; Ref: scu.282126

Gee v Liddell: 4 Jun 1866

The meaning of the word ‘survive’ in a limitation of property, is that the person to survive shall be living at the time of the event which he is to survive; it does not mean living at any time whatever after the event referred to. Consequently, a gift over, if there should be no child or remoter issue of AB who should survive the testator and AB, and should live to attain twenty-one, is not void for remoteness.

Citations:

[1866] EngR 161, (1866) 35 Beav 658, (1866) 55 ER 1053

Links:

Commonlii

Trusts

Updated: 18 May 2022; Ref: scu.280872

Mussumat Thukrain Sookraj Koowar v Government, Baboo Ajeet Sing, And Others: PC 3 Jul 1871

In Oude, before its annexation to the British rule, a Rajah was a TaIookdar of a large Talook. A younger branch of his family had a separate Mehal in the possession of A., wholly distinct from and independent of the Talook the Rajah possessed as representing the elder branch of the family. The Oude Government, for fiscal purposes, included A’s Mehal with the Rajah’s Talook so that the Rajah as the elder branch of the family represented A.’s Mehal at the Court at Lucknow, notwithstanding that A. remained in undisturbed possession as absolute Owner, paying through the Rajah for his Mehal a proportion of the jumma fixed on the Talook. This relation between the Rajah and A. subsisted up to the time of the annexation of Oude by the British Government. While the Government was making a settlement with the Landowners, and A. was about to apply for a distinct settlement of his Mehal, he, and after him his Widow was, induced by the Rajah not to do so, the Rajah in Letters fully recognizing As absolute right to the Mehal. After the suppression of the rebellion in Oude, and the Government had recognized the Talookdary tenure with its rights, a provisional settlement of the Talook including A.’s Mehal, was made with the Rajah ; but before a Sunnud was granted to him, Government confiscated half his estate for concealment of Arms. The Rajah suppressed the fact of the trust relation of the Mehal of A., and contrived that it should be included in the half part of the estate the Government had confiscated ; which Mehal the Government as a reward granted to Oude loyalists. A.’s Widow brought a suit against the Government and the Grantees for the restoration of the Mehal and a settlement, The Financial Commissioner held that as the Rajah was the registered Owner of the Mehal of A., included in his Talook, it had been properly forfeited. Such finding reversed on appeal, on the ground that A. was the acknowledged cestui que trust of the Rajah, and that A.’s Widow, as equitable Owner was not affected as between her and the Government by the act of confiscation of half the Rajah’s Talook.

Citations:

[1871] EngR 27, (1871) 14 Moo Ind App 112, (1871) 20 ER 728

Links:

Commonlii

Trusts, Commonwealth

Updated: 18 May 2022; Ref: scu.280208

Rochdale Canal Company v King: 1853

Sir John Romilly MR said: ‘The principle on which the Defendants rely is one often recognised by this Court, namely, that if one man stand by and encourage another, though but passively, to lay out money, under an erroneous opinion of title, or under the obvious expectation that no obstacle will afterwards be interposed in the way of his enjoyment, the Court will not permit any subsequent interference with it, by him who formally promoted and encouraged those acts of which he now either complains or seeks to take advantage. This is the rule laid down in Dann v Spurrier (7 Ves 231), Powell v Thomas (6 Hare 300), and many other cases, to which it is unnecessary to refer, because the principle is clear.’

Judges:

Sir John Romilly MR

Citations:

(1853) 16 Beav 630

Citing:

Cited – Dann v Spurrier 1802
The tenant had carried out improvements to the property. It was uncertain whether the length of the term (7, 14 or 21 years) was at the option of the lessee alone.
Held: The case was decided on construction of the lease. Lord Eldon made it . .

Cited by:

Cited – Yeoman’s Row Management Ltd and Another v Cobbe HL 30-Jul-2008
The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal.
Held: The appeal succeeded in part. The finding . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 18 May 2022; Ref: scu.276430

Re Smith: 1880

Once an estate has been administered, the personal representative becomes a trustee; and at that stage the court’s inherent jurisdiction to control trusts arises allowing if necessary an order for his removal.

Citations:

(1880) 42 Ch D 302

Cited by:

Cited – The Thomas and Agnes Carvel Foundation v Carvel and Another ChD 11-Jun-2007
The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate, Trusts

Updated: 18 May 2022; Ref: scu.267735

Alsop Wilkinson v Neary and Others: ChD 4 Nov 1994

The second defendant, a solicitor, had fraudulently taken money from trusts, and paid money into trusts for his own family. It was claimed that the payments were intended to defeat the recovery of the funds. The trustees sought protection on costs through a Beddoe application.
Held: Trustees who sought directions from the court on whether to defend an action, should ask that question in separate proceedings begun for that purpose. By applying within the proceedings, they exposed the strengths and weaknesses of the trustees’ case: ‘it would be quite inappropriate for all this to be revealed to the court which has to try the case or the other parties to the litigation.’ Nor did the application bring the necessary parties before the court. A trustee has a duty to remain neutral when the trust faces hostile litigation regarding the validity of trust itself.

Judges:

Lightman J

Citations:

Independent 03-Nov-1994, Times 04-Nov-1994, [1995] 1 All ER 431

Statutes:

Insolvency Act 1986 423

Citing:

Cited – Fearns v Young 1804
A trustees’ duty may extend to taking or defending proceedings to protect the assets of the trust. . .
Cited – In re Beddoe, Downes v Cottam CA 1893
In case of doubt as to the desirability of the intended proceedings (whether as plaintiff or defendant), trustees may apply to the court for directions. This will protect the trustees from adverse costs orders. If given leave to sue or defend by the . .
Cited – Jenour v Jenour 1804
A trustee taking legal action properly to defend the assets of the trust can expect to be indemnified from those assets. . .
Cited – Re Biddencare Ltd ChD 1994
The court set out the principles applicable on making a Beddoe application. The court should consider the strength of the case, the likely costs order in the eventual proceedings, and the justice of the application itself. . .
Doubted – Ideal Bedding Company Ltd v Holland 1907
The plaintiffs had obtained against the trustees an order that the settlement was void as against the plaintiffs and other creditors. The court considered the trustees’ position on costs.
Held: A trustee has a duty to defend the trust, and . .
Cited – 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 . .
Cited – National Anti-Vivisection Society Ltd v Duddington 23-Nov-1998
The trustee of the Society had actively defended a trust action but failed. He sought an indemnity for his costs.
Held: He was not entitled to an indemnity for costs out of the trust assets. His acts had preferred one group of beneficiaries . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 17 May 2022; Ref: scu.77770

Re Lead Co.’s Workmen’s Fund Society: 1904

Citations:

[1904] 2 Ch 196

Cited by:

Cited – Hunt and Another v McLaren and others ChD 4-Oct-2006
Land had been given to a football club under a trust for its exclusive use as such. That land was sold and a new ground acquired and a stadium built, but the land was subject to restrictive covenenats limiting its use to sports, which considerably . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 17 May 2022; Ref: scu.245261

Re Ball’s Settlement Trusts: ChD 1968

The curt was asked whether a resettlement of part of a trust fund on a new trust could be a variation which the court could approve under the 1958 Act.
Held: A variation under the Act must not be such as to change the fundamentals of the trust.
Megarry J said: ‘If an arrangement changes the whole substratum of the trust, then it may well be that it cannot be regarded merely as varying that trust. But, if an arrangement, while leaving the substratum, effectuates the purpose of the original trusts by other means, it may still be possible to regard that arrangement as merely varying the original trusts, even though the means employed are wholly different and even though the form is completely changed.’

Judges:

Megarry J

Citations:

[1968] 1 WLR 899

Statutes:

ariation of Trusts Act 1958

Jurisdiction:

England and Wales

Cited by:

Cited – Goulding and Goulding v James and Daniel CA 10-Dec-1996
The family sought approval of a proposed variation of the will to make best advantage of tax allowances. Because the beneficial interests of children would be affected, the court’s approval was necessary. The judge had refused to approve the . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 17 May 2022; Ref: scu.241671

Cowcher v Cowcher: 1972

Where property is to be transferred into the names of two or more people, solicitors should take the instructions of transferees as to the beneficial interests in the transferred property.

Judges:

Bagnall J

Citations:

[1972] 1 WLR 425

Jurisdiction:

England and Wales

Cited by:

Cited – Crossley v Crossley CA 21-Dec-2005
The claimant appealed an order that a house was to be held in equal shares with her son. The house was registered in their joint names, but the transfer contained no declaration of the interests. The house had been originally bought by the mother . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 17 May 2022; Ref: scu.237545

Baden v Societe Generale pour Favoriser le Developpement du Commerce et de l’Industrie en France SA (Note): 1993

The court looked to various forms of knowledge which could be attributed to a party when considering a rectification. Knowledge may be proved affirmatively or inferred from circumstances. The various mental states which may be involved are (i) actual knowledge; (ii) wilfully shutting one’s eyes to the obvious; (iii) wilfully and recklessly failing to make such inquiries as an honest and reasonable man would make; (iv) knowledge of circumstances which would indicate the facts to an honest and reasonable man; (v) knowledge of circumstances which would put an honest and reasonable man on inquiry. A person in categories (ii) or (iii) will be taken to have actual knowledge, while a person in categories (iv) or (v) has constructive notice only. Peter Gibson J: ‘Again, however, I do not think it need be knowledge of the whole design: that would be an impossibly high requirement in most cases. What is crucial is that the alleged constructive trustee should know that a design having the character of being fraudulent and dishonest was being perpetrated. Further he must know that his act assisted in the implementation of such design.’

Judges:

Peter Gibson J

Citations:

[1993] 1 WLR 509

Jurisdiction:

England and Wales

Cited by:

Cited – George Wimpey UK Ltd v VI Construction Ltd CA 3-Feb-2005
A land purchase contract had been rectified by the judge for unilateral mistake. A factor had been dropped from a formula for calculating the price.
Held: The judge’s conclusion that the circumstances existed to allow a rectification was . .
Cited – Ultraframe (UK) Ltd v Fielding and others ChD 27-Jul-2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 16 May 2022; Ref: scu.222561

Barclay v Barclay: CA 1970

The question arose prior to sale between the sole trustee and an occupying beneficial tenant in common as to whether the property should be sold.
Held: The trustee of land was entitled to sell the property and divide the proceeds as the prime object of the trust was that the house should be sold, notwithstanding the fact that one of the beneficiaries had subsequently moved into the house.

Citations:

[1970] 2 QB 677

Jurisdiction:

England and Wales

Cited by:

Cited – Wilkinson v Chief Adjudication Officer CA 24-Mar-2000
The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 16 May 2022; Ref: scu.207072

In re Buchanan – Wollaston’s Covenant: 1939

When considering the need to order the sale of property against the wishes of a joint owner, ‘the Court has a complete discretion to do what is right and proper, and will not allow the voice of the man who is in breach of his obligation to persist’

Citations:

[1939] Ch 738

Jurisdiction:

England and Wales

Cited by:

Cited – Wilkinson v Chief Adjudication Officer CA 24-Mar-2000
The claimant owned a half share in a property. It was said that this brought her disposable capital above the limit to make a claim. She had inherited it, but had transferred it to her brother in satisfaction of her mother’s wishes. . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 16 May 2022; Ref: scu.207073

Turton v Turton: CA 1988

When ascertaining the beneficial interests in a family home purchased by an unmarried couple, those interests had to be ascertained from consideration of the intentions of the parties at the time of the purchase; they were not to be left for determination in the light of subsequent events. Referring to Walker v Hall, Nourse LJ: ‘It is thus made clear that Dillon and Lawton LJJ were of the opinion that a beneficial interest acquired under an application of the principles stated in Gissing v Gissing can only be an absolute and indefeasible interest. It cannot be one which is liable to determine or to be defeated or diminished – either automatically or by the exercise of some discretion – on the happening of some future event, for example the separation of an unmarried couple who were living together at the time of its acquisition. The validity of that proposition is in my judgment beyond doubt. It must always be remembered that the basis on which the court proceeds is a common intention, usually to be inferred from the conduct of the parties, that the claimant is to have a beneficial interest in the house. In the common case where the intention can be inferred only from the respective contributions, either initial or under a mortgage, to the cost of its acquisition it is held that the house belongs to the parties beneficially in proportions corresponding to those contributions. . . .’ Lord Justice Kerr: ‘. . . once the court had found the existence of a constructive or implied trust whereby the beneficial rights to the property belonged to the parties in whatever shares the court determined, then the necessary consequence was the recognition by the court of rights which are proprietary in their nature and which lie wholly outside the exercise of any discretionary powers. That was made clear, inter alia, in Gissing v Gissing [1971] AC 886.’

Judges:

Lord Justice Nourse

Citations:

[1988] Ch 542

Jurisdiction:

England and Wales

Citing:

Cited – Walker v Hall CA 1984
The court considered the way of distributing property purchased by an unmarried couple: ‘When such a relationship comes to an end, just as with many divorced couples, there are likely to be disputes about the distribution of shared property. How are . .
Cited – Gissing v Gissing HL 7-Jul-1970
Evidence Needed to Share Benefical Inerests
The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it.
Held: The principles apply to any case where a beneficial interest in land is claimed by a . .

Cited by:

Cited – Oxley v Hiscock CA 6-May-2004
The parties were not married, but had brought together their resources to purchase a home in the name of one of them. Nothing had been said about the respective shares on which the property was to be held.
Held: The shares were to be assessed . .
Lists of cited by and citing cases may be incomplete.

Trusts, Family

Updated: 16 May 2022; Ref: scu.199946

In re Locker’s Settlement Meachem v Sachs: 1977

The court considered how the trustees of a pension scheme could appropriate different parts of the funds as between long standing and new classes of members.
Held: Objects (that is, those who had only recently qualified as beneficiaries) could not benefit from what he called stale income (that is, income which ought to have been distributed at an earlier date).

Judges:

Goulding J

Citations:

[1977] 1 WLR 1323

Cited by:

Cited – Bank of New Zealand v Board of Management of the Bank of New Zealand Officers’ Provident Association PC 14-Jul-2003
PC (New Zealand) The defendant operated a superannuation scheme for and on behalf of the officers of the bank it regulated. The trustees ought to amend the scheme, but it had been set up by statute.
Held: . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 16 May 2022; Ref: scu.195609

Pullen v Palmer: 1696

The essential difference between tenants in common and joint tenants is that while tenants in common may hold their lands either by several titles or by several rights, joint tenants hold them by one title and by one right. There is no difference as to the possession and manner of taking profits.

Citations:

(1696) 3 Salk 207

Jurisdiction:

England and Wales

Land, Trusts

Updated: 16 May 2022; Ref: scu.190119

Campbell v Gillespie: ChD 1900

Certain businesses and property were held on trusts for the benefit of the Claimant’s creditors, with the Defendant the trustee. The estate was re-conveyed to the Plaintiff and the re-conveyance contained a recital that the Plaintiff’s debts had been paid. At that stage a detailed account was not required and not long afterwards the trustee destroyed all the books of account. The Plaintiff then alleged that the trustee had acted fraudulently and brought a claim for fraud and an account on the basis of wilful default. Those elements of the claim were not pursued and the Plaintiff now sought only an order for a common account.
Held: A court had a discretion under Order 55 rule 10, to decline to make an order for an account and although Cozens-Hardy J felt ‘unable to acquit the defendant of some misconduct’ declined to make an order to direct a common account from 1887 – 1896 as to do so ‘ . . would be to enable the plaintiff to blackmail the defendant.’

Judges:

Cozens-Hardy J

Citations:

[1900] 1 Ch 225

Jurisdiction:

England and Wales

Cited by:

Cited – Henchley and Others v Thompson ChD 16-Feb-2017
The Claimants sought an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or as a de facto trustee.
Held: The court has a discretion whether or not to make an order for an . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 16 May 2022; Ref: scu.608335

Attorney General v Cocke: ChD 1988

Judges:

Harman J

Citations:

[1988] 1 Ch 414

Statutes:

Limitation Act 1980 21(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Henchley and Others v Thompson ChD 16-Feb-2017
The Claimants sought an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or as a de facto trustee.
Held: The court has a discretion whether or not to make an order for an . .
Lists of cited by and citing cases may be incomplete.

Limitation, Trusts

Updated: 16 May 2022; Ref: scu.608336

Re Ames’ Settlement; Dinwiddy v Ames: 1946

The intended husband’s father in 1908 settled a sum payable within one year after the marriage on standard marriage settlement trusts. The marriage took pace, but was several years lter annulled. On the wife’s petition. After the settlor’s later death, the husband continued to receive the sums under the settlement. Held; The marriage having been annulled, there had been a total failure of consideration, the trusts were void ab intio, and all the sums were held un trust for the settlor’s executors.

Citations:

[1946] 1 All ER 689, [1946] Ch 217, 115 LJ Ch 344, 175 LT 222, 62 TLR 300, 90 Sol Jo 188

Trusts, Family

Updated: 16 May 2022; Ref: scu.556255

Libertarian Investments Ltd v Hall: 6 Nov 2013

(Hong Kong) A trustee owes a duty to hold trust funds and apply them for the purposes of the trust (a stewardship or custodial duty). He is bound to answer for his stewardship when called on by the beneficiary to do so. If for any reason he misapplies the trust fund, or part of it, he must immediately reconstitute the trust fund in full. If he fails to do so, the court will order him to reconstitute the fund in specie, if that is possible, or pay the equivalent sum in money so as to produce the same result in financial terms.
Millett NPJ said that the relevant principle, in a case of unauthorised dissipation of trust funds is that: ‘Where the defendant is ordered to make good the deficit by the payment of money, the award is sometimes described as the payment of equitable compensation; but it is not compensation for loss but restitutionary or restorative. The amount of the award is measured by the objective value of the property lost determined at the date when the account is taken and with the full benefit of hindsight.’
Ribeiro PJ carried out a valuable review of the authorities concerned with equitable compensation in the context of a commercial relationship. He noted that where a relationship was fiduciary, there might be obligations which were not fiduciary in nature; and, equally, even in a commercial relationship, there might be aspects which engaged fiduciary obligations.
‘Once the trust or fiduciary relationship is established or conceded the beneficiary or principal is entitled to an account as of right. Although like all equitable remedies an order for an account is discretionary, in making the order the court is not granting a remedy for wrong but enforcing performance of an obligation.’

Judges:

Millett NPJ, Ribeiro PJ

Citations:

[2014] 1 HKC 368, [2013] HKCFA 93

Links:

Hklii

Jurisdiction:

England and Wales

Cited by:

Cited – AIB Group (UK) Plc v Mark Redler and Co Solicitors SC 5-Nov-2014
Bank not to recover more than its losses
The court was asked as to the remedy available to the appellant bank against the respondent, a firm of solicitors, for breach of the solicitors’ custodial duties in respect of money entrusted to them for the purpose of completing a loan which was to . .
Cited – Henchley and Others v Thompson ChD 16-Feb-2017
The Claimants sought an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or as a de facto trustee.
Held: The court has a discretion whether or not to make an order for an . .
Lists of cited by and citing cases may be incomplete.

Equity, Trusts

Updated: 16 May 2022; Ref: scu.553779

Ashe v Mumford: CA 2001

The court considered the relative interests arising in the trust of a house bought under the right to buy scheme.
Held: The court upheld the trial judge’s decision that the discount should not be apportioned between the parties, the series of transactions suggested was a sham.
However, there was no absolute rule that entitlement to statutory discount should be treated as a contribution to the purchase price.

Judges:

Jonathan Parker LJ

Citations:

[2001] 33 HLR 67

Jurisdiction:

England and Wales

Citing:

Appeal from – Ashe v Mumford and Others ChD 7-Mar-2000
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 . .

Cited by:

Cited – Richards v Wood CA 27-Feb-2014
The defendants had purchased their council house with financial asistance from their son, the claimant. He now asserted that a trust existed in the property in his favour.
Held: ‘unless there is a secure tenancy the statutory right to buy . .
Lists of cited by and citing cases may be incomplete.

Trusts, Insolvency

Updated: 15 May 2022; Ref: scu.541709

In re Lacy; Royal General Theatrical Fund Association v Kydd: 1899

Equity prevents trustees from raising limitation against their beneficiaries.
An executor, qua executor, is not an express trustee.

Judges:

Stirling J

Citations:

[1899] 2 Ch 149

Statutes:

Mortmain Act 1736

Cited by:

Cited – Williams v Central Bank of Nigeria SC 19-Feb-2014
Bank not liable for fraud of customer
The appellant sought to make the bank liable for a fraud committed by the Bank’s customer, the appellant saying that the Bank knew or ought to have known of the fraud. The court was asked whether a party liable only as a dishonest assistant was a . .
Lists of cited by and citing cases may be incomplete.

Trusts, Charity

Updated: 15 May 2022; Ref: scu.537362

Re Pauling’s Settlement Trusts: ChD 1962

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 as having been expended in breach of trust for which they could be compelled to account.
Wilberforce J said: ‘The . . court has to consider all the circumstances in which the concurrence of the cestui que trust was given with a view to seeing whether it is fair and equitable that, having given his concurrence, he should afterwards turn round and sue the trustees; . . subject to this, it is not necessary that he should know that what he is concurring in is a breach of trust, provided that he fully understands what he is concurring in, and . . it is not necessary that he should himself have directly benefited by the breach of trust.’
Where a limitation period applies then it it is not open to the court to consider the question of laches.

Judges:

Wilberforce J

Citations:

[1962] 1 WLR 86

Statutes:

Trustee Act 1925

Jurisdiction:

England and Wales

Cited by:

Appeal from – Re Pauling’s Settlement Trusts (No.1) CA 29-May-1963
Property had been placed in trust for the daughter of the family, fearing that she might fritter it away. The trust was managed by the bank. The judge had found that, having misunderstood the powers of advancement given, the bank was liable to repay . .
Cited – 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 . .
Considered – Green and others v Gaul and others CA 28-Jul-2006
The court considered the validity and effect of a compromise agreement reached to settle dispute in administration of estate. The time for making a claim against the executor of an estate begins to run from the time when the executor has paid the . .
Cited – Henchley and Others v Thompson ChD 16-Feb-2017
The Claimants sought an order directing the Defendant to provide a full account of his dealings with the assets of the two trusts as a trustee or as a de facto trustee.
Held: The court has a discretion whether or not to make an order for an . .
Lists of cited by and citing cases may be incomplete.

Trusts, Limitation

Updated: 15 May 2022; Ref: scu.534162

Smith v Lucas: CA 1881

Jessel MR said: ‘What is the effect of such a covenant in equity? It has been said that the effect in equity of the covenant of the wife, as far as she is concerned, is that it does not affect her personally, but that it binds the property: that is to say, it binds the property under the doctrine of equity that that is to be considered as done what ought to be done. That is in the nature of specific performance of the contract no doubt. If, therefore, this is a covenant to settle the future-acquired property of the wife, and nothing more is done by her, the covenant will bind the property’.’ and
‘The settlement is one which I cannot help thinking was never intended by the framer of it to have the effect I am going to attribute to it; but, of course, as I very often say, one must consider the meaning of the words used, not what one may guess to be the intention of the parties.’ and ‘It is a cardinal principle of construction of the terms of contracts that the meaning of a document or a particular part of a document is to be sought in the document itself: ‘one must consider the meaning of the words used, not what one may guess to be the intention of the parties”.

Judges:

Jessel MR

Citations:

(1881) 18 Ch D 531

Cited by:

Cited – Pullan v Coe ChD 1913
A marriage settlement settled property on the husband, wife, and prospective children. The wife also promised to settle after-acquired property on the same trusts. She later received andpound;285 which she invested in part in bearer bonds which . .
Lists of cited by and citing cases may be incomplete.

Trusts, Contract

Updated: 15 May 2022; Ref: scu.471502

In re Sharp’s Settlement Trusts: 1972

Judges:

Pennycuick V-C

Citations:

[1973] Ch 331, (1972) 36 Conv 436

Jurisdiction:

England and Wales

Cited by:

Cited – Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another SC 27-Jul-2011
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld . .
Lists of cited by and citing cases may be incomplete.

Trusts, Insolvency

Updated: 15 May 2022; Ref: scu.442618

Ahmed v Kendrick: 1987

The effect of the passing of a beneficial interest by a fraudster owner of that interest to a third party is to sever the beneficial joint tenancy.

Citations:

(1987) 56 PandCR 120

Cited by:

Cited – Bowling and Co Solicitors v Edehomo ChD 2-Mar-2011
The court was asked ‘when an innocent vendor whose signature is forged on the documents for the conveyance of land suffers damage, for the purposes of limitation of an action arising from a solicitor’s breach of duty. Is it on the exchange of . .
Lists of cited by and citing cases may be incomplete.

Trusts, Torts – Other

Updated: 15 May 2022; Ref: scu.430277

Jones v Morgan: 24 Mar 1783

(Lincoln’s Inn Hall) Devise to trustees to pay debts, then to stand seised to the use of A ‘for Life, without impeachment of waste ; after his decease to the use of the heirs male of his body, severally, respectively, and in remainder, is an estate-tail in A. Where tenant for life pays off an incumbrance upon the estate, he shall be considered as a creditor for the money so paid ; but where tenant in tail pays, it is in exoneration of the estate of which he may make himself absolute owner. This is merely a general rule of presumption or primary inference ; and therefore liable to be rebutted by circumstantial evidence to the contrary.

Citations:

[1783] EngR 55, (1778, 1783) 1 Bro CC 206, (1783) 28 ER 1086

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 15 May 2022; Ref: scu.372184

The Rev Adam John Walker And Loveday His Wife, Late Loveday Whitmore Spinster, William Roberts Since Deceased, And John Sanderson v William Symonds Since Deceased, John Lilly, Isaac Harris, And Johanna Whitmore (By Original Bill): 6 Jul 1818

A deed of compromise executed by a cestui que trust, with the representatives and creditors of a deceased trustee was guilty of a breach of trust, rescinded, and co-trustees declared responsible.

Citations:

[1818] EngR 592, (1818) 3 Swans 1, (1818) 36 ER 751

Links:

Commonlii

Trusts

Updated: 15 May 2022; Ref: scu.332592

Wardle v Carter: 23 Dec 1835

A. was entitlecl for the joint lives of himself and his father to a rent-charge of andpound;500 charged on an estate of which his father was tenant for life, with remainder to A in fee. A having agreed to sell to B a perpetual rentcharge of andpound;500 issuing out of the estate, assigned to E. the rent-charge to which he was so entitled, and conveyed his reversion in fee to trustees in trust to secure to B a rent-charge of andpound;500 a year, to commence on the termination of the prior rent-charge. Held, that the transaction was not to be considered as a sale of an interest in reversion, as A when he made the agreement, had it in his power to secure to B a perpetual rentcharge of andpound;500 in possession.
In determining whether a fair price has been paid for a reversionary interest, the market value, and not an actuary’s estimate, ought to be regarded.

Citations:

[1835] EngR 1081, (1835) 7 Sim 490, (1835) 58 ER 925

Links:

Commonlii

Trusts

Updated: 15 May 2022; Ref: scu.316589