Category: Trusts

Finch v Finch: 1808

The presumption of advancement in a gift may be rebutted but should not ‘give way to slight circumstances’.

Judges:

Eldon L

Citations:

(1808) 15 Ves 43

Jurisdiction:

England and Wales

Cited by:

Cited – Lavelle v Lavelle and others CA 11-Feb-2004
Property had been purchased in the name of of the appellant by her father. She appealed a finding that the presumption of advancement had been rebutted.
Held: The appeal failed. The presumption against advancement had been rebutted on the . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 24 November 2022; Ref: scu.194814

Greville-Nugent v Greville-Nugent’s Trustees: HL 20 Nov 1899

In a question under a settlement between the fiar and liferenter, the rents derived from mines open at the date of the settlement belong to the liferenter, and it is immaterial whether the mines were opened by the settlor or by his predecessors in the estate.
A wife, by antenuptial marriage-contract in English form conveyed certain lands belonging to her to trustees, who were directed to sell the lands on the request of the spouses or the survivor of them, or after the death of the survivor, at their own discretion. The trustees were to hold the proceeds arising from the sale, and pay the ‘annual income’ to the wife during her life, and after her death, on certain conditions, to her husband. After the death of the husband and wife the trustees were to hold the trust estate and annual income thereof for the children of the marriage as the parents should appoint.
It was further provided, that until the estate should be sold the trustees should have power ‘in the meantime to lease the unsold parts . . for the best rent that can reasonably be gotten, and to hold the net proceeds of such sale, and the net rents and profits of the said estate until sale’ to the persons, and for the purposes to which the annual income of the money arising from the sale of the estate would be paid under the trust, ‘with such powers of leasing the lands and hereditaments, and other powers necessary and expedient in the execution of the trust.’ There was one child of the marriage.
The property settled contained opened stone quarries which had been worked at intervals for over a hundred years, but none of which had been worked for a period of four years prior to the execution of the settlement. The trustees did not sell the property, but leased certain of the above quarries during the lifetime of the spouses.
Held that the rents and royalties paid under the lease fell to the liferenter as income, and were not to be accumulated as capital for the benefit of the fiars.

Judges:

Lord Chancellor (Halsbury), and Lords Macnaghten, Morris, Shand, and Brampton

Citations:

[1899] UKHL 618, 37 SLR 618

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 24 November 2022; Ref: scu.631844

Bowman v Bowman’s Trustees: HL 25 Jul 1899

A truster, who was a partner in a firm of coalmasters, gave his trustees power by his trust-disposition and settlement to represent him in the firm, and also to be parties to any new lease which the firm might enter into, and thus to continue the partnership inde finitely.
The trustees were directed to allow his widow the liferent use of his house, and such allowance as they should consider necessary for the maintenance of herself and of such daughters and their children as might be living with her, and were empowered to make advances during the currency of the trust to his children out of the shares of his estate ‘effeiring’ to them. They were then directed, ‘on the dissolution and winding-up of the said firm, in the event of the predecease of my said wife, and, if she then survives, on her death,’ to divide his estate into four equal shares, and to pay one share to each of his children, A, B, C, and D, ‘or to their respective heirs.’
The testator was survived by his wife, and the trustees represented him in the firm, and joined in taking new leases.
Held (aff. judgment of First Division, but on different grounds) that the fee of the truster’s estate vested a morte in the truster’s children, and that the survivorship clause only operated in favour of heirs in the event of a child dying in the lifetime of the truster.

Judges:

Lord Chancellor (Halsbury), and Lords Watson, Shand, and Davey

Citations:

[1899] UKHL 959, 36 SLR 959

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 24 November 2022; Ref: scu.631835

Drake v Harvey and Others: ChD 16 Jun 2010

Family dispute about the terms on which the members of a former four-member partnership are entitled to be paid out upon their ceasing to be partners. The essential question is whether or not they are entitled to have their shares or entitlements valued on the footing of a current as opposed to a historic valuation of the farming land.

Judges:

Mann J

Citations:

[2010] EWHC 1446 (Ch), [2011] 1 All ER (Comm) 344, [2010] 2 BCLC 688, [2010] Bus LR D109, [2010] WTLR 1731

Links:

Bailii

Jurisdiction:

England and Wales

Company, Trusts

Updated: 23 November 2022; Ref: scu.418450

Calthorpe v May: 1707

Intending to marry a second time, C made a settlement on her sons by her first marriage, but without the knowledge of her intended husband. Her second husband took possession of the land in breach of the trust after her death.
Held: The two sons by the first marriage were able to enforce the trust, and those claiming through the second husband were liable for rents.

Citations:

(1707) 7 Bro Parl Cas 413, (1707) 3 ER 269

Jurisdiction:

England and Wales

Trusts

Updated: 23 November 2022; Ref: scu.223568

Orr v Ford: 1989

Ordinarily the laches of a beneficiary would not make it inequitable or unreasonable to grant relief in proceedings for the enforcement of an express trust in relation to property in the possession of the trustee.

Judges:

Deane J

Citations:

(1989) 167 CLC 316

Jurisdiction:

Australia

Cited by:

Cited – Patel and others v Shah and others CA 15-Feb-2005
The parties entered into a commercial agreement for the sale and purchase of properties.
Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 23 November 2022; Ref: scu.223440

In re DML: ChD 1965

The Court considered provisions in Section 102 of the Mental Health Act 1959. This section empowered the judge to secure (the doing of all such things as appear necessary . . ) ‘(b) for the maintenance or other benefit of members of the patient’s family; or (c) for making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally disordered.’
In considering the difference between ‘family’ in the first sub-section and other persons in the second Cross J said: ‘The contrasting language of sub-clauses (b) and (c) suggests to my mind that the legislature considered that the word ‘family’ consisted of persons for all of whom the patient might prima facie be expected to make some provision. This, I think, indicates that the word does not include collateral relatives.’

Judges:

Cross J

Citations:

[1965] Ch 1133

Statutes:

Mental Health Act 1959 102

Jurisdiction:

England and Wales

Cited by:

Cited – Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) and others CA 11-Mar-2005
The defendant firm of solicitors, acting as executors had sought to arrange matters to minimise Inheritance Tax. A deed of variation was put in place after approval by the court, but the CTO interpreted the deed differently. The executors believed . .
Lists of cited by and citing cases may be incomplete.

Trusts, Health

Updated: 23 November 2022; Ref: scu.223512

Mills v Drewitt: 1855

A beneficiary cannot be divested of his beneficial interest in the capital of the trust by the operation of the doctrine of laches. ‘A trustee who is in possession of property which he admits to be trust property cannot plead the laches of the cestui que trust in a suit to enforce the trust in respect of that property.’

Citations:

(1855) 20 Beav 632

Jurisdiction:

England and Wales

Cited by:

Cited – Patel and others v Shah and others CA 15-Feb-2005
The parties entered into a commercial agreement for the sale and purchase of properties.
Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The . .
Lists of cited by and citing cases may be incomplete.

Trusts, Equity

Updated: 23 November 2022; Ref: scu.223435

Harris v Harris: CA 30 Nov 2001

Purchase of council house by brother and sister – whether intended as trust for both.

Citations:

[2001] EWCA Civ 1967

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Harris v Harris CA 1-Jul-2001
The first instance court had acceded to the husband’s application for downward variation of the wife’s periodical payments to andpound;9,000 per annum and to the wife’s application substituting a lump sum of andpound;120,000 for the future . .

Cited by:

See Also – Harris v Harris CA 1-Jul-2001
The first instance court had acceded to the husband’s application for downward variation of the wife’s periodical payments to andpound;9,000 per annum and to the wife’s application substituting a lump sum of andpound;120,000 for the future . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 23 November 2022; Ref: scu.201494

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.

Citations:

(1805) 10 Ves 562

Jurisdiction:

England and Wales

Cited by:

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

Trusts

Updated: 23 November 2022; Ref: scu.198265

Doe On The Several Demises Of George Wyndham, Earl Of Egremont, And Neil Benjamin Edmonstone v William Burrough, Senior, And William Burrough, Junior: 1844

Power, under a will, to tenant for life to grant leases, so that in every such lease there be contained the usual and reasonable covenants, and ‘a condition of re-entry for non-paymerit of the rent or rents thereby respectively to be reserved, in case the rent or rents be behind or unpaid by the space of twenty-one days, and for non-performance of the covenants : therein to be contained.’ Lease, with a covenant to repair, and proviso for re-entry if the tenant should suffer the premises to be out of repair, and should not repair the same ‘ within the six calendar months next after notice.’ Held, void, as a bad executor of the power.

Citations:

[1844] EngR 16, (1844) 6 QB 229, (1844) 115 ER 89

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts

Updated: 22 November 2022; Ref: scu.304608

Re Roberts: 1946

Citations:

[1946] 1 Ch 1

Jurisdiction:

England and Wales

Cited by:

Cited – Foskett v McKeown and Others CA 27-Jun-1997
Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 20 November 2022; Ref: scu.187422

Rae v Meek: HL 1889

The beneficiaries under a trust created by a marriage contract sued a trustee for having lost trust money which had been lent on the security of unfinished houses in a building speculation. The trustee was held liable to restore the trust fund. The beneficiaries also sued the trustees’ solicitor, who had advised the trustee that there was no objection to the investment. Lord Herschell dealt with the liability of the solicitor, by re-stating the rule that in the exceptional case of a failure by trustees to act, ‘the beneficiaries might compel them to do so, or even enforce the right themselves.’ He went on to say that no such question (that is, of a failure by trustees to act) was raised by the averments in relation to the claim in that case by the beneficiaries against the solicitor, who (in any event) was not liable because he had not been retained by the trustees to advise on the sufficiency of the security.

Judges:

Lord Herschell

Citations:

(1889) 14 App Cas 558

Jurisdiction:

Scotland

Cited by:

Cited – Roberts v Gill and Co Solicitors and Others SC 19-May-2010
The claimant beneficiary in the estate sought damages against solicitors who had acted for the claimant’s brother, the administrator, saying they had allowed him to take control of the assets in the estate. The will provided that property was to be . .
Lists of cited by and citing cases may be incomplete.

Trusts, Litigation Practice

Updated: 19 November 2022; Ref: scu.415973

Carlton v Goodman: CA 29 Apr 2002

The defendant claimed an interest in a house. The deceased had been a sitting tenant, and wanted to purchase his house. He could not obtain finance alone, and she joined with him, becoming liable under the mortgage. She did not live in the house until after his death. She claimed the house. No formal document regulated the arrangement.
Held: A resulting trust had been established to hold the entire house on trust for the estate in the absence of any actual monetary contribution. The case was ‘an interesting point on resulting trusts in a case where the purchase of property acquired for the sole use and occupation of one party is partly financed by a joint mortgage on the property’ and ‘Midland Bank v Cooke itself can only be properly understood when it is appreciated that the court was satisfied that by the making of a direct contribution a resulting trust had been established in the wife’s favour of some part of the beneficial interest and the real question for the court in that case was to determine what proportions the parties must have been assumed to have intended for their beneficial ownership.’

Judges:

Lords Justice Ward, Mummery and Laws

Citations:

[2002] 2 FLR 259, Gazette 30-May-2002, [2002] EWCA Civ 545

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Midland Bank v Cooke and Another CA 13-Jul-1995
Equal equitable interest inferrable without proof
The bank sought to enforce a charge given by the husband to secure a business loan. The property was purchased from the husband’s and his family’s resources and the loan, and was in his name. There had been no discussion or agreement between husband . .

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 . .
Cited – Fowler v Barron CA 23-Apr-2008
The parties had lived together for many years but without marrying. The house had been put in joint names, but without specific advice on the issue or any express declaration of trust. In practice Mr Barron made the direct payments for the house and . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 19 November 2022; Ref: scu.170231

JSC Mezhdunarodniy Promyshlenniy Bank and Another v Pugachev and Others: ChD 30 Oct 2014

In a situation of one discretionary beneficiary under several trusts was under a freezing order, the court might order disclosure of trusts matter in order to assess how much control he had over the assets overall.

Judges:

David Richards J

Citations:

[2014] EWHC 3547 (Ch), [2014] WLR(D) 458

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Trusts

Updated: 19 November 2022; Ref: scu.538678

In re Dugdale, Dugdale v Dugdale: 1888

Kay J considered whether a condition in a trust was repugnant: ‘I apprehend that this is the test. An incident of the estate given which cannot be directly taken away or prevented by the donor cannot be taken away indirectly by a condition which would cause the estate to revert to the donor, or by a conditional limitation or executory devise which would cause it to shift to another person.’

Judges:

Kay J

Citations:

(1888) 38 ChD 176

Jurisdiction:

England and Wales

Cited by:

Cited – Chopra v Bindra CA 19-Mar-2009
The parties sought to have declared the effect of a deed of trust under which the on the death of either co-owner, the survivor became entitled to the entirety of the proceeds of sale absolutely. The gift was defective as self defeating. The judge . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 19 November 2022; Ref: scu.323751

In re Richerson, Scales v Heyhoe: 1892

The court considered the doctrine of conversion.

Citations:

[1892] 1 Ch 379

Jurisdiction:

England and Wales

Cited by:

Cited – Chopra v Bindra CA 19-Mar-2009
The parties sought to have declared the effect of a deed of trust under which the on the death of either co-owner, the survivor became entitled to the entirety of the proceeds of sale absolutely. The gift was defective as self defeating. The judge . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 19 November 2022; Ref: scu.323753

Powell and Another v Benney: CA 5 Dec 2007

The claimants asserted an interest under a constructive trust in land held by the defendant.
Held: The judge had found acts of detriment suffered by the claimants. Though elements of the judgment might be criticised, the appeal failed.

Judges:

Lloyd LJ, Richards LJ, Sir Peter Gibson

Citations:

[2007] EWCA Civ 1283

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Cited – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA 22-Feb-2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . .
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 – 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 . .
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 . .
Lists of cited by and citing cases may be incomplete.

Trusts, Estoppel

Updated: 19 November 2022; Ref: scu.261802

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

Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation of the language of scripture, or whether the contradictions or antinomies between different statements of doctrine are or are not real or apparent only, or whether such contradictions do or do not proceed only from an imperfect and finite conception of a perfect and infinite Being, or any similar question. The more humble, but not useless function of the civil court is to determine whether the trusts imposed upon the property by the founders of the trust are being duly observed . . The question in each case is what were the religious tenets and principles which formed the bond of union of the association for whose benefit the trust was created? . .’

Judges:

Lord Davey

Citations:

[1904] AC 515

Jurisdiction:

Scotland

Citing:

Applied – Craigdallie v Aikman PC 14-Jun-2013
A chapel was acquired with the subscriptions of a congregation which seceded from the Church of Scotland in 1737 and subsequently split over whether a magistrate might suppress heresy. Each of the rival groups claimed that the chapel belonged to . .

Cited by:

Cited – Parochial Church Council of the Parish of Aston Cantlow and Wilmcote with Billesley, Warwickshire v Wallbank and another HL 26-Jun-2003
Parish Councils are Hybrid Public Authorities
The owners of glebe land were called upon as lay rectors to contribute to the cost of repairs to the local church. They argued that the claim was unlawful by section 6 of the 1998 Act as an act by a public authority incompatible with a Convention . .
Cited – The Bahamas District of the Methodist Church in the Caribbean and the Americas and Others v The Hon Vernon J Symonette M P Speaker of the House of Assembly and 7 Others (No 70 of 1998) and Ormond Hilton Poitier and 14 Others v The Methodist Church PC 26-Jul-2000
PC (The Bahamas) The Methodist community had split, eventually leading to a new Act. Others now challenged the constitionality of the Act, and that lands had been transferred in breach of the constitution.
Not followed – Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General CA 3-Apr-1998
A Hindu religious sect, constituted as a charity, had split into two factions.
Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two . .
Cited – Blake v Associated Newspapers Ltd QBD 31-Jul-2003
The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine.
Held: The claim could not be heard. . .
Cited – Khaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
Lists of cited by and citing cases may be incomplete.

Ecclesiastical, Trusts

Updated: 18 November 2022; Ref: scu.187517

Reading v Attorney General: HL 1 Mar 1951

The applicant had been a sergeant in the army. He had misused army property and his uniform to assist in smuggling operations. After serving his sentence he now sought repayment of the money he had earned.
Held: His claim failed. The money had been earned by his msuse of his official position, and therefore his employer was entitled to keep the money even though it had been earned unlawfully. The soldier owed a fiduciary duty to the Crown, which was an additional ground on which he lost his claim.

Judges:

Viscount Jowitt LC, Lord Porter, Lord Normand, Lord Oaksey

Citations:

[1951] AC 507, [1951] UKHL 1, [1951] 1 All ER 617, [1951] 1 TLR 480, 95 Sol Jo 155

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Walsh (as executrix of the estate of David G Walsh) and Others v Deloitte & Touche Inc , Trustee of the estate of Bre-X Minerals Limited , a bankrupt PC 17-Dec-2001
(Bahamas) Shares were sold in a mining company whose prices had been buoyed by rumour, but where disclosure of difficulties had not been made, and eventually it became clear that samples had bee fraudulently salted. The company became insolvent, and . .
Lists of cited by and citing cases may be incomplete.

Agency, Armed Forces, Trusts

Updated: 18 November 2022; Ref: scu.180655

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

A Hindu religious sect, constituted as a charity, had split into two factions.
Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two factions. The court declined to adjudicate as to which group was correctly following the faith, and therefore applied the cy pres doctrine in dividing the assets. Earlier cases had now been overtaken by the Charities Act, and the question fell to be settled in accordance with section 13. The spirit of the gift to which the court is to have regard is that which prevailed at the time of the gift when the two groups were in harmony. The court will not venture into doctrinal disputes or differences.

Judges:

Sir Stephen Brown, Lord Justice Morritt, Lord Justice Chadwick

Citations:

[1998] EWCA Civ 630, [1999] Ch 219, [1998] 3 All ER 273

Links:

Bailii

Statutes:

Charities Act 1993 13(1)(e)(iii)

Jurisdiction:

England and Wales

Citing:

Not followed – Craigdallie v Aikman PC 14-Jun-2013
A chapel was acquired with the subscriptions of a congregation which seceded from the Church of Scotland in 1737 and subsequently split over whether a magistrate might suppress heresy. Each of the rival groups claimed that the chapel belonged to . .
Not followed – Attorney-General v Pearson 1817
No Alteration to Charty’s Objects
A protestant dissenters’ meeting house in Wolverhampton which was declared by a trust deed to be held for ‘the worship and service of God’ was the subject of a dispute between the schismatic congregation. The issue was the nature of the worship . .
Not followed – General Assembly of Free Church of Scotland v Overtoun HL 1904
Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether . .
Cited – Re Camden’s Charity 1881
. .
Cited – Re Lepton’s Charity 1972
. .
Cited – Gilmour v Coats HL 1949
Prayers Alone did not make Convent Charitable
A trust to apply the income of a fund for all or any of the purposes of a community of Roman Catholic Carmelite nuns living in seclusion and spending their lives in prayer, contemplation and penance, was not charitable because it could not be shown . .

Cited by:

Cited – The Bahamas District of the Methodist Church in the Caribbean and the Americas and Others v The Hon Vernon J Symonette M P Speaker of the House of Assembly and 7 Others (No 70 of 1998) and Ormond Hilton Poitier and 14 Others v The Methodist Church PC 26-Jul-2000
PC (The Bahamas) The Methodist community had split, eventually leading to a new Act. Others now challenged the constitionality of the Act, and that lands had been transferred in breach of the constitution.
Cited – Blake v Associated Newspapers Ltd QBD 31-Jul-2003
The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine.
Held: The claim could not be heard. . .
Cited – Khaira and Others v Shergill and Others CA 17-Jul-2012
The parties disputed the trusteeship and governance of two Gurdwaras (Sikh temples). The defendants now applied for the claim to be struck out on the basis that the differences were as to Sikh doctrines and practice and as such were unjusticiable. . .
Lists of cited by and citing cases may be incomplete.

Trusts, Ecclesiastical, Charity

Updated: 18 November 2022; Ref: scu.144108

Colonel Alastair M’Donald of Dalchosnie v John Alan M’Donald and Others: HL 15 Jul 1875

Terms of deed of division and facts and circumstances in which held that a power of apportionment contained in an antenuptial marriage-contract had been validly exercised by the spouses.

Judges:

Lord Chancellor Cairns, Lords Hatherley and Selborne

Citations:

[1875] UKHL 635, 12 SLR 635

Links:

Bailii

Jurisdiction:

Scotland

Family, Trusts

Updated: 17 November 2022; Ref: scu.650108

Knighthead Master Fund Lp and Others v The Bank of New York Mellon and Another: ChD 13 Feb 2015

The claimants sought two interim declarations, as to the status of funds held by the trustee and as to the obligations under English law of the trustee, and also a direction to the trustee to bring the terms of such declarations, if made, to the attention of courts in the United States.

Judges:

Mr Justice David Richards

Citations:

[2015] EWHC 270 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Trusts, Financial Services

Updated: 17 November 2022; Ref: scu.542618

Langston v Langston: 1834

Judges:

Lord Brougham LC

Citations:

(1834) Cl. and Fin. 194

Jurisdiction:

England and Wales

Cited by:

Cited – Chopra v Bindra CA 19-Mar-2009
The parties sought to have declared the effect of a deed of trust under which the on the death of either co-owner, the survivor became entitled to the entirety of the proceeds of sale absolutely. The gift was defective as self defeating. The judge . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 14 November 2022; Ref: scu.323752

Quigley v Masterson: ChD 7 Oct 2011

The court was asked whether a beneficial joint tenancy of a dwelling house had been severed before the death of one of the two joint tenants.

Judges:

Mr Justice Henderson

Citations:

[2011] EWHC 2529 (Ch), [2012] WTLR 521, [2012] 1 All ER 1224, [2011] NPC 98, [2012] 1 P and CR DG8, [2011] 49 EG 100

Links:

Bailii

Jurisdiction:

England and Wales

Land, Trusts

Updated: 14 November 2022; Ref: scu.445048

Ramlort Ltd v Michael James Meston Reid: CA 8 Jul 2004

The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the declaration of trust was ineffective as a transaction at an undervalue. The company appealed an order which returned to it the payments it had made, but that the balance was held for the insolvent estate. They said that at the time the payments were made, they were for full value.
Held: To have a transaction at an undervalue by an ‘individual’ within the sections, the value in money or money’s worth, from the debtor’s point of view, of the consideration for which he enters into the transaction must be ‘significantly less’ than the value in money or money’s worth, again from the debtor’s point of view, of the ‘consideration provided’ by the debtor. The value in money or money’s worth of the totality of whatever it is that the debtor is parting with under the transaction. There is no absolute need to ascribe exact values before making that judgment. There had been a transaction at an undervalue, and the order was correct.

Judges:

Lord Justice Jonathan Parker Lord Justice Judge Lord Justice Waller

Citations:

[2004] EWCA Civ 800, [2004] BPIR 985, [2005] 1 BCLC 331

Links:

Bailii

Statutes:

Insolvency Act 1986 339

Jurisdiction:

England and Wales

Citing:

Appeal from – Re Thoars (Dec’d); Reid v Ramlort Ltd ChD 2003
The company claimed the benefit of an insurance policy. They had paid certain premiums and the trustee had made a declaration that it was held on trust for the company. The insured died in Scotland, intestate and insolvent.
Held: The . .
Cited – Phillips (Liquidator of A J Bekhor and Co ) and Another v Brewin Dolphin Bell Lawrie HL 18-Jan-2001
The company sold its business to the respondent for one pound, but the respondent agreed to sublease computer equipment for an amount equivalent to the value of the company. The company defaulted, and the computer equipment was recovered. The . .
Cited – National Westminster Bank plc v Jones and Others CA 24-Oct-2001
The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained . .
Cited – In re M C Bacon Ltd ChD 1990
A liquidator claimed that the costs of an unsuccessful attempt to set a floating charge aside should be paid out of the assets subject to the charge in priority to the claims of the charge holder.
Held: The rule was a complete statement of the . .
Cited – Chohan v Saggar and Another CA 27-Dec-1993
The word ‘and’ in sections 423(2)(a) and 423(2)(b) is to be read conjunctively not disjunctively. Section 238(3) is to be interpreted as requiring restoration of the former position ‘as far as possible’ or ‘as far as practicable’, and that . .
Cited – Agricultural Mortgage Corporation Plc v Woodward and Another CA 30-May-1994
A tenancy granted by an insolvent farmer to his wife was set aside because of additional benefits which were granted. The tenancy was held to have been granted at an undervalue, even though the court was unable precisely to measure the value of the . .
Cited – Walker v WA Personnel Ltd 2002
The assets of group of companies were sold, and it then went into insolvent liquidation. The liquidator claimed that the sale was at an undervalue, and appliied to continue an interlocutory injunction.
Held: There was a triable issue as to . .

Cited by:

Full Hearing – Re Thoars (Dec’d); Reid v Ramlort Ltd ChD 15-Nov-2002
The deceased had a valuable life insurance policy. Before an operation he wrote it in trust with no consideration. He died in the operation. He was insolvent. The issue was as to when the policy was to be valued.
Held: The property was to be . .
Cited – Hill and Another v Haines ChD 3-May-2007
The husband and wife had separated and divorced. In ancillary proceedings, the family home had been transferred to the wife under a court order. The judge had noted that the husband was hopelessly insolvent, and he was made bankrupt some time later . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Wills and Probate, Trusts

Updated: 14 November 2022; Ref: scu.198603

FHR European Ventures Llp and Others v Mankarious and Others: CA 29 Jan 2013

The defendants had taken a secret commission when acting for the claimant. They had succeeded in their action and had an order in their favour, but had been refused a proprietary remedy for the sum received.
Held: The appeal was allowed, and a declaration made that Cedar had received the 10m Euros fee on constructive trust for the claimants absolutely.
Pill LJ described described the debate on the availability of a proprietary remedy as revealing ‘passions of a force uncommon in the legal world’.

Judges:

Sir Terence Etherton Ch, Pill, Lewison LJJ

Citations:

[2013] EWCA Civ 17, [2013] 1 P andCR DG24, [2014] 1 CH 1, [2013] 2 BCLC 1, 15 ITELR 902, [2013] 2 All ER (Comm) 257, [2013] 1 Lloyd’s Rep 416, [2013] WTLR 631, [2013] 3 WLR 466, [2013] WLR(D) 32, [2013] 2 EGLR 169, [2013] 3 All ER 29

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – FHR European Ventures Llp and Others v Mankarious and Others ChD 5-Sep-2011
The claimants sought return of what it said were secret commissions earned by the defendants when working as their agents, and the defendants counterclaimed saying that the commissions had been known to the claimants and that additional sums were . .

Cited by:

Appeal from – FHR European Ventures Llp and Others v Cedar Capital Partners Llc SC 16-Jul-2014
Approprietary remedy against Fraudulent Agent
The Court was asked whether a bribe or secret commission received by an agent is held by the agent on trust for his principal, or whether the principal merely has a claim for equitable compensation in a sum equal to the value of the bribe or . .
Lists of cited by and citing cases may be incomplete.

Trusts, Agency, Torts – Other, Equity

Updated: 13 November 2022; Ref: scu.470617

Rittson-Thomas and Others v Oxfordshire County Council: CA 21 Feb 2019

Judges:

Patten, Hamblen, Nicola Davies LJJ

Citations:

[2019] EWCA Civ 200, [2019] WLR(D) 110, [2019] 2 WLR 1397, [2019] Ch 435

Links:

Bailii, WLRD

Statutes:

Reverter of Sites Act 1987 1, School Sites Act 1841 2

Jurisdiction:

England and Wales

Citing:

Appeal from – Rittson-Thomas and Others v Oxfordshire County Council ChD 9-Mar-2018
. .

Cited by:

At CA – Rittson-Thomas and Others v Oxfordshire County Council SC 23-Apr-2021
If land has been donated under the 1841 Act, and the school later moves to a new site, can the original site be sold to help pay for the costs of the new school? . .
Lists of cited by and citing cases may be incomplete.

Land, Trusts

Updated: 10 November 2022; Ref: scu.634074

Binning Bros Limited (In Liquidation) v Thomas Eggar Verrall Bowles (a Firm): CA 11 Nov 1997

Citations:

[1997] EWCA Civ 2688, [1998] 1 All ER 409

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kleinwort Benson Ltd v Barbrack Ltd HL 1987
A two-stage test is to be applied by a court, first ascertaining if there are good reasons for extending time and second weighing all relevant factors and balancing the hardship between the parties before deciding whether the writ should be extended . .
Lists of cited by and citing cases may be incomplete.

Trusts, Limitation, Contract

Updated: 10 November 2022; Ref: scu.143087

Brown and Others v Innovatorone Plc and Others: CA 4 Dec 2012

The claimants appealed against rejection of their claims of breach of trust against the respndents and their solicitors in the promotion of investment semes which went on to fail.

Judges:

Longmore, Lloyd LJJ

Citations:

[2012] EWCA Civ 1587

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Brown and Others v InnovatorOne Plc and Others ComC 18-May-2012
The claimants had been advised to invest in a scheme promoted by the defendants with the assistance of their solicitors. On the failure of the scheme they now sought relief alleging inter alia, breach of trust.
Held: The claims failed. In . .
See Also – Brown and Others v InnovatorOne Plc and Others ComC 28-Jul-2010
The claimants alleged breach of trust by the defendants in their promotion of an investment scheme which went on to fail. One defendant, a Swiss bank now sought a declaration that the court had no jurisdiction over it.
Held: The defendant’s . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 09 November 2022; Ref: scu.466531

Templeton Insurance Ltd and Another v Brunswick and Others: ChD 31 May 2012

Templeton Insurance Limited and Knox D’Arcy Operations Limited claim against the defendant for allegedly dishonest breaches of contractual obligations and of fiduciary duties, which breaches are alleged to be fraudulent or to constitute fraudulent breaches of trust on his part.

Judges:

Simon Barker C HHJ

Citations:

[2012] EWHC 1522 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Trusts, Contract

Updated: 09 November 2022; Ref: scu.466273

Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue: CA 28 Jul 1997

The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
Held: (Millett LJ dissenting) The conveyance to the solicitor left the solicitor holding the property as bare trustee for the deceased. It was not possible for such a trustee then to create effective leases in favour of the beneficiary of that trust. Transactions allowing transfer and leaseback of house were ineffective to avoid Inheritance Tax; since there had been a benefit reserved.
Millett LJ observed that for overreaching purposes there must be not merely two parties to the transaction but two independent parties who are capable of dealing with each other at arm’s length.

Judges:

Lord Justice Nourse, Lord Justice Evans And Lord Justice Millett

Citations:

Times 11-Sep-1997, Gazette 10-Sep-1997, [1997] EWCA Civ 2212, [1997] 4 All ER 395, [1997] STC 1234

Statutes:

Finance Act 1986 102(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Ingram and Another v Inland Revenue Commissioners ChD 23-May-1995
Lady Ingram had first conveyed properties to her solicitor who on the next day let the properties back to her, and on the day after conveyed the freehold of the properties to her family.
Held: The leases in favour of Lady Ingram, having been . .
Cited – Rye v Rye HL 1962
Two brothers were in partneship in unequal shares, but acquired a property for use by the business which they held in equal shares. They agreed a parol yearly tenancy between themselves as owners and as partners. After one died his son took over his . .
Mentioned – Attorney General v Earl Grey QBD 1898
. .
Mentioned – Attorney General v Earl Grey CA 2-Jan-1898
The court considered the effectiveness of a gift from father to son for estate duty purposes, where the revenue said that the father had reseved an interest in the land to himself. The conveyance to the defendant donee contained the following . .
Mentioned – Grey (Earl) v Attorney General HL 1900
The donor conveyed land to his son by way of gift but reserved an annual rentcharge during his life which was charged on the land conveyed and which his son covenanted to pay (together with the other liabilities of the donor), and retained the right . .
Cited – Re Cochrane 1905
(High Court of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor, distinguishing Earl Grey: ‘The limitation of this annuity, although prior to the gift, was, as well as being charged on the land, secured by . .
Cited – Kildrummy (Jersey) Ltd v Inland Revenue Commissioners IHCS 1990
It was not possible in Scottish law for a man to grant a lease to a nominee for himself: (Lord Hope) ‘I have, as I have said, no difficulty in the concept by which the title to property and the beneficial interest are separated, the title being held . .
Cited – St Aubyn v Attorney General HL 12-Jul-1951
The donor exercised powers of appointment ‘to make some part of the settled property his own’, and it was ‘wholly irrelevant that by a contemporaneous or later transaction he surrenders his life interest in other parts of it’. The different parts of . .
Mentioned – Commissioner for Stamp Duties of New South Wales v Perpetual Trust Company Ltd PC 1943
(Australia) The court considered reservation of benefit rules. Under the settlement the trustees were required to hold certain company shares, to apply the income for the maintenance of the settlor’s son during his minority, and to transfer the . .
Cited – Re Cochrane CA 1906
(Court of Appeal of Ireland) The court considered the effectivenmess of a gift with a reservation to the donor. As to the Earl Grey case, if ever there was a case to which the statute applied it was The Attorney-General v Grey. The court referred to . .
Cited – Advocate (HM) v M’Taggart Stewart 1906
. .
Cited – Munro v Commissioner for Stamp Duties PC 1933
In 1909, the deceased orally agreed with his six children that he and they would carry on the business of graziers on land owned by him as partners under a partnership at will. In 1913 the deceased transferred by way of gift the freehold interest in . .
Cited – Lang v Webb 1912
(High Court of Australia) In 1908 the deceased had transferred and conveyed a piece of land to each of her three sons; on the same date as, but subsequently to, the execution of the transfers and conveyances there had been executed by the deceased . .
Cited – Commissioner of Stamp Duties of New South Wales v Perpetual Trustee Co Ltd PC 1943
The Board consideerd the application of the retention of benefit rules. Lord Russell of Killowen said: ‘the entire exclusion of the donor from . . enjoyment which is contemplated . . is entire exclusion from . . enjoyment of the beneficial interest . .
Cited – Oakes v Commissioner of Stamp Duties of New South Wales PC 1953
oakes_csdnswPC1954
A father made a gift of land in favour of himself and his four children in equal shares but then retained wide powers of management for which he reserved the right to charge remuneration.
Held: The donor was entirely excluded from the . .
Cited – Walsh v Lonsdale CA 1882
Lonsdale purported to grant to Walsh a seven year lease with rent payable in advance. The lease was not embodied in a deed, and when Walsh went into possession, an annual tenancy with rent payable in arrear was created. Walsh did not pay in advance, . .
Cited – Lang v Webb 1912
(High Court of Australia) In 1908 the deceased had transferred and conveyed a piece of land to each of her three sons; on the same date as, but subsequently to, the execution of the transfers and conveyances there had been executed by the deceased . .
Cited – Faulkner v Lowe 1848
A covenant by one person with himself and other was senseless. . .
Cited – Henderson v Astwood PC 1894
A sale was undertaken by a mortgagee, ostensibly to a third party but in reality to his nominee. The land was conveyed by the mortgagee to his nominee, who executed a declaration that he held the land in trust for the mortgagee, and who subsequently . .
Cited – W T Ramsay Ltd v Inland Revenue Commissioners HL 12-Mar-1981
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out.
Held: If the true nature . .
Cited – Regent Oil Co Ltd v JA Gregory (Hatch End) Ltd CA 1966
No general distinction is to be drawn between the two types of mortgage and sub-mortgage. The court considered the practice for a mortgagor to attorn tenant to his mortgagee. The tenancy contained no covenants and was merely a device to give the . .
Cited – Lewis v Hillman 1852
A sale by a sole trustee to his nominee posing as a bona fide purchaser was held to be incapable of overreaching the interests of the beneficiaries. It was ‘powerless for that purpose’. . .
Cited – Ingle v Richards (No 1) 1860
. .
Cited – Re George Whichelow Ltd; Bradshaw v Orpen 1953
A mother had left shares her in a company to three daughters for life with remainder to their children who should attain 21. The three daughters and their children directed the trustees to appoint the eldest of the daughters as their proxy, or to . .
Cited – In Re Brockbank 1948
A new trustee was to be appointed. The beneficiaries, all of full age and capacity wanted the remaining trustee to appoint someone they nominated. The trustee purported to exercise the discretion given to him in the trust deed and appointed someone . .
Cited – Hirachand Punamchand v Temple CA 1911
The defendant, a British army officer in India, had given a promissory note to the plaintiff moneylenders. Unable to pay, he suggested they apply to his father, Sir Richard Temple. In reply, Sir Richard Temple’s solicitors wrote saying they were . .
Cited – Belaney v Belaney 1867
The testator bought the residue of a 99 year lease and took an assignment of the term. In the following year he bought the freehold reversion and, by a deed which recited that he was desirous that the term should not merge in the freehold, the . .
Cited – Farrer v Farrer’s Ltd 1888
A sale by a mortgagee to a company of which he was a director and shareholder was held to be effective to extinguish the equity of redemption, but only because the sale was negotiated between the mortgagee and the other directors at arms’ length. A . .
Cited – Williams v Scott PC 1900
(New South Wales) The Board was asked whether an abstract of title was good because it appeared from the abstract that there had been a purchase by a trustee without full consent or release from the beneficiaries.
Held: The purchase of trust . .
Cited – Attorney General v Worrall CA 1895
The donor gave his son the benefit of a debt of about andpound;24,000 which was owing to him, in return for which the son covenanted to pay the father an annuity of andpound;735 p.a. during his life.
Held: ‘It has been held that in cases of . .
Cited – St Edmundsbury and Ipswich Diocesan Board of Finance v Clark (No.2) CA 1973
When looking at a contract ‘one must construe the document according to the natural meaning of the words contained in the document as a whole, read in the light of surrounding circumstances.’
The contra preferetem rule can only come into play . .
Cited – Commissioners of Inland Revenue v McGuckian HL 21-May-1997
Steps which had been inserted into a commercial transaction, but which had no purpose other than the saving of tax are to be disregarded when assessing the tax effect of the scheme. The modern approach to statutory construction is to have regard to . .
Cited – Greyv Ellison 1856
A policy of insurance was created in which one department of an insurance company purported to effect a contract with another department of the same company. Although different individuals were parties to the contract, they all contracted as agents . .

Cited by:

Appeal from – Ingram and Another v Commissioners of Inland Revenue HL 10-Dec-1998
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family.
Held: The lease-back by the nominee was not void as . .
Cited – HSBC Bank Plc v Dyche and Another ChD 18-Nov-2009
The parties disputed the claimed beneficial interest of the second defendant. The second defendant (C) said that it had been purchased for him by the first defendant (D) from C’s trustee in bankruptcy, and was thereafter held in trust for him on the . .
Lists of cited by and citing cases may be incomplete.

Inheritance Tax, Trusts

Updated: 09 November 2022; Ref: scu.142609

Favor Easy Management Ltd and Another v Wu and Another: CA 21 Nov 2012

Judges:

Ward, Lloyd, McCombe LJJ

Citations:

[2012] EWCA Civ 1464

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Favor Easy Management Ltd and Another v Wu (Aka Lisa Wu) and Others ChD 29-Jul-2011
The claimant company alleged a fraud by the defendant in the transfer and charging of properties in London. . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 06 November 2022; Ref: scu.465942

Bieber and Others v Teathers Ltd: CA 14 Nov 2012

The claimants sought damages after being advised to invest in a tax saving scheme by the defendants.

Judges:

Arden, Sullivan, Patten LJJ

Citations:

[2012] EWCA Civ 1466

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal from – Bieber and Others v Teathers Ltd ChD 9-Feb-2012
. .
Lists of cited by and citing cases may be incomplete.

Torts – Other, Trusts, Income Tax

Updated: 06 November 2022; Ref: scu.465796

Silverwood (Executor of the Estate of Daisy Silverwood) v Silverwood; and Whiteley: CA 15 Apr 1997

The deceased had withdrawn a capital sum from her bank, and given it to her grandchildren before claiming income support. She had not declared the sums given away. The judge (Harry Walker) had held that there had been no gift, and that a resulting trust had arisen: ‘if there has been a contract or a trust with an illegal object or an illegal purpose then if the plaintiff can assert his rights under the contract or the trust without relying upon the illegality itself, he is entitled to succeed against the defendant.’ The defendants appealed an order for enforcement of the trust.
Held: ‘It would be absurd as well as unjust if a claimant, claiming a resulting trust, could not lead evidence of fraud in order to disprove a spurious defence.’ The appellants had not been able to establish a reason for the gift withourt relying upon the fraud. The appeal failed.

Citations:

[1997] EWCA Civ 1401, (1997) 74 P and CR 453

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Applied – Tinsley v Milligan CA 1992
The court considered the defence of illegal user to a claim to have established an easement by prescription: ‘These authorities seem to me to establish that when applying the ‘ex turpi causa’ maxim in a case in which a defence of illegality has been . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 06 November 2022; Ref: scu.141797

Arab Monetary Fund v Hashim and Others: CA 21 Mar 1997

When a person in contempt of court asks to be heard by the court before his contempt is purged, the preferable approach is to ask: ‘whether, in the circumstances of an individual case, the interests of justice are best served by hearing a party in contempt or by refusing to do so, always bearing in mind the paramount importance which the court must attach to the prompt and unquestioning observance of court orders.’

Judges:

Lord Bingham of Cornhill CJ

Citations:

[1997] EWCA Civ 1298

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Polanski v Conde Nast Publications Ltd HL 10-Feb-2005
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held . .
Cited – Motorola Credit Corporation v Uzan and others (No 2) CA 12-Jun-2003
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to . .
Lists of cited by and citing cases may be incomplete.

Trusts, Contempt of Court

Updated: 06 November 2022; Ref: scu.141694

Foskett v McKeown and Others: CA 27 Jun 1997

Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had power to renominate himself as sole beneficiary. One or two premiums were paid by the defendant himself.
Held: The representation order was confirmed. Trust money which had been used by a trustee fraudulently to invest in a life policy, did not give the eventual beneficiaries of the trust an interest in the proceeds of that policy. Nevertheless the purchasers were entitled to be repaid out of the proceeds of the Policy such of their money as could be traced into the premiums paid under the Policy.

Judges:

Hobhouse LJ

Citations:

Times 27-Jun-1997, [1997] EWCA Civ 1747, [1998] Ch 265

Jurisdiction:

England and Wales

Citing:

Cited – In re Leslie; Leslie v French ChD 1883
The court gave guidance as to the circumstances in which an individual who had paid a premium on a policy belonging to someone else could claim an interest in the policy: ‘In my opinion a lien may be created upon the moneys secured by a policy by . .
Cited – Falcke v Scottish Imperial Insurance Co CA 1886
The owner of a policy of life assurance mortgaged the policy to secure repayment of a loan. Subsequently the owner, now the owner of an equity of redemption in the policy, paid two annual premiums which became due under the policy. The policy was . .
Cited – Re a Policy No 6402 of the Scottish Equitable Life Assurance Society 1902
Mr Sanderson effected insurance on his own life ‘for the behoof’ of his sister-in-law, Miss Stiles. The policy moneys were payable to Miss Stiles or her personal representatives but the premiums were paid throughout by Mr Sanderson. The personal . .
Cited – Sinclair v Brougham HL 1914
An insolvent building society had, outside its powers, run a banking business. The House considered the competing claims of the unadvanced shareholders of the building society’s intra vires business, members of the society who had not been granted . .
Cited – In re Diplock’s estate CA 1948
After considering a situation in which trust money had been applied in making alterations to the property of an innocent third party but had not added to the value of the property,
Held: The origin of the equitable rules of tracing were . .
Cited – In re Tilley’s Will Trusts ChD 1967
The court considered the rights of a beneficiary to participate in any profit which resulted where a trustee mixed trust money with his own money and then used it to purchase other property. . .
Cited – Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others CA 10-Apr-1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed.
Held: A mortgagee . .
Cited – The Venture CA 1908
Contributions were made to the purchase price of a yacht.
Held: The court concluded that the contributor was entitled under a resulting trust to a pro rata equitable interest in the yacht. The payments were made at the time the yacht was . .
Cited – Rosco v Winder 1915
. .
Cited – Goldcorp Exchange Ltd and others v Liggett and others PC 25-May-1994
(New Zealand) The non allocated claimants purchased gold bullion from a company for future delivery on a non allocated basis. The company stored and insured the metal, but the claimants had a right to call for delivery of their part within 7-days. . .
Cited – Re Maxwell Communications Corporation Plc: Bishopsgate Investment Management Ltd v Homan CA 26-Sep-1994
The remedy of tracing is not available through a bank account which was subsequently overdrawn. Nor does the doctrine of tracing extend to following value into a previously acquired asset: ‘there can be no equitable remedy against an asset acquired . .
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 – Strutt v Tippett CA 1890
The list set out in re Leslie for the ways in which one person might claim an interest in an insurance policy in another’s name, was not exhaustive. . .
Cited – Dyer v Dyer 27-Nov-1988
Where property is purchased by one person in the name of another there is a presumption that a resulting trust is created: ‘The clear result of all the cases, without a single exception is that the trust of a legal estate, whether freehold, copyhold . .
Cited – In re Hallett’s Estate; Knatchbull v Hallett CA 1880
Where a trustee of a policy used money received from others to make payment of premiums on an insurance policy, they would be entitled to a lien on the policy. Where an asset was acquired exclusively with trust money, the beneficiary could either . .
Cited – Gravesend Corporation v Kent County Council KBD 1935
A school vested in the Corporation had been built with the assistance of financial contributions from the County Council. As a result of various legislative changes the County Council replaced the Corporation as the education authority and as the . .
Cited – Re Roberts 1946
. .
Appealed to – Foskett v McKeown and Others HL 18-May-2000
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, . .

Cited by:

Cited – Allen and Another v Rochdale Borough Council CA 23-Mar-1999
Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The . .
Appeal from – Foskett v McKeown and Others HL 18-May-2000
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, . .
Lists of cited by and citing cases may be incomplete.

Trusts, Financial Services

Updated: 05 November 2022; Ref: scu.80647

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 and father and the son whose name was put on the house and mortgage ‘to give him some interest.’ The father had since died.
Held: The judge had been correct to reject a presumption of a resulting trust, given express findings as to the parties intentions. Whilst her judgment was subject to criticism, she had been entitled to reach the conclusion she had done: ‘the legal estate had been transferred to the defendant as well as Mr Alan Crossley and the appellant. They were joint tenants of that legal estate, and in the absence of evidence to the contrary the equitable interests would follow the legal interests. . . the transferees undertook joint and several liability under the mortgage. That too suggests a beneficial joint tenancy of the property on which the mortgage had been secured. Third, . . . Mr Alan Crossley told the defendant after the visit to the solicitors to complete the purchase that the property would be his one day, again suggests that Mr Alan Crossley was of the view that the defendant would take the property one day and would do so by survivorship. The defendant had siblings and Mr Alan Crossley died intestate, so that the likelihood is that as a result of the transfer into joint names it was expected that the defendant alone would own the property eventually by surviving his parents. Fourth, the appellant herself was of the view that the defendant would recover his contributions to the purchase and would do so on her death. Again, this is consistent with the surviving joint tenant taking on the death of the survivor of the joint tenants. ‘

Judges:

May LJ, Sir Peter Gibson

Citations:

[2005] EWCA Civ 1581

Links:

Bailii

Statutes:

Trusts of Land and Appointment of Trustees Act 1996

Jurisdiction:

England and Wales

Citing:

Cited – Pettitt v Pettitt HL 23-Apr-1969
A husband and wife disputed ownership of the matrimonial home in the context of the presumption of advancement.
Lord Reid said: ‘These considerations have largely lost their force under present conditions, and, unless the law has lost its . .
Cited – 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. . .
Cited – Lloyds Bank plc v Rosset HL 29-Mar-1990
The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest . .
Cited – Lavelle v Lavelle and others CA 11-Feb-2004
Property had been purchased in the name of of the appellant by her father. She appealed a finding that the presumption of advancement had been rebutted.
Held: The appeal failed. The presumption against advancement had been rebutted on the . .
Cited – Kyriakides v Pippas 2004
When considering the trusts on which land is held, and where there is no declaration of trust, the court puts itself in the position of a jury and considers all the circumstances of the case, so as to arrive at the purchaser’s real intention: ‘I . .
Cited – Flannery and Another v Halifax Estate Agencies Ltd, Trading As Colleys Professional Services CA 18-Feb-1999
A judge at first instance taking a view on an expert’s report should give reasons in his judgment for that view. On appeal, where no reasons had been given, he should be asked to provide reasons by affidavit for the appeal. An inadequately reasoned . .
Lists of cited by and citing cases may be incomplete.

Family, Trusts

Updated: 05 November 2022; Ref: scu.236610

Hughes and Others v Bourne and Others: ChD 27 Jul 2012

A trust owned a majority shareholding in a family firm. A purchaser wished to buy a substantial interest. Differing sections of the beneficiaries wanted either to sell or not. The trustees sought advance approval for a planned use of their powers to sel.
Held: For their part, the Trustees have made it clear . . that they do not wish to surrender their discretion to the court, but are instead asking the court to give its blessing to their proposed course of action. The application therefore falls within the second category identified by Robert Walker J (as he then was) in a judgment given in chambers in 1995 and cited by Hart J in The Public Trustee v Cooper [2001] WTLR 922 at 923:
The second category is where the issue is whether the proposed course of action is a proper exercise of the trustees’ powers where there is no real doubt as to the nature of the trustees’ powers and the trustees have decided how they want to exercise them but, because the decision is particularly momentous, the trustees wish to obtain the blessing of the court for the action on which they have resolved and which is within their powers. Obvious examples of that, which are very familiar in the Chancery Division, are a decision by trustees to sell a family estate or to sell a controlling holding in a family company. In such circumstances there is no doubt at all as to the extent of the trustees’ powers nor is there any doubt as to what the trustees want to do but they think it prudent and the court will give them their costs of doing so to obtain the court’s blessing on a momentous decision. . . ‘

Judges:

Henderson J

Citations:

[2012] EWHC 2232 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Re JS (Disposal of Body) FD 10-Nov-2016
Child’s Wish for post-mortem cryonic Preservation
JS, a child of 14, anticipating her death from cancer expressed the desire that her body should receive cryonic preservation in the hope that one day a treatment might be available to allow her to be revived, and proceedings were issued. Her parents . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 04 November 2022; Ref: scu.463320

Abelene Limited, and Others v Cranbrook Finance Inc and Others: CA 24 Dec 1996

The appellant appealed an order to restore to the trustees, property occupied by him and his family including seven children.
Held: Their lordships could find no fault in the judgement, nor merit in the appeal, and it was dismissed.

Judges:

Lord Justice Swinton Thomas And Lord Justice Thorpe

Citations:

[1996] EWCA Civ 1287

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 04 November 2022; Ref: scu.141155

Breadner v Granville-Grossman: ChD 2000

‘it cannot be right, whenever trustees do something which they later regret and think they ought not to have done, they can say they never did it in the first place’
It was not correct to suggest that whenever trustees do something which they later regret and think that they ought not to have done, then they can say that they never did it in the first place. However: ‘the main ways at present open to the court to control the application of the principle are: (a) to insist on a stringent application of the tests as they have been laid down, (b) to take a reasonable and not over-exigent view of what it is that the trustees ought to have taken into account, and (c) to adopt a critical approach to contentions that the trustees would have acted differently if they had realised the true position.’

Judges:

Park J

Citations:

[2000] 4 All ER 705, [2000] EWHC Ch 224, [2001] 2 WLR 593, [2001] 1 Ch 523, [2000] WTLR 829

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – AMP (UK) Plc and Another v Barker and Others ChD 8-Dec-2000
The claimants were interested under a pension scheme. Alterations had been made, which the said had been in error, and they sought rectification to remove a link between early leaver benefits and incapacity benefits. The defendant trustees agreed . .
Cited – Futter and Another v Futter and Others ChD 11-Mar-2010
Various family settlements had been created. The trustees wished to use the rule in Hastings-Bass to re-open decisions they had made after receiving incorrect advice.
Held: The deeds were set aside as void. The Rule in Hastings-Bass derives . .
Lists of cited by and citing cases may be incomplete.

Trusts

Updated: 03 November 2022; Ref: scu.184589

Brown and Others v InnovatorOne Plc and Others: ComC 18 May 2012

The claimants had been advised to invest in a scheme promoted by the defendants with the assistance of their solicitors. On the failure of the scheme they now sought relief alleging inter alia, breach of trust.
Held: The claims failed. In connection with the negative day-to-day control test under section 235(2), it was necessary to look beyond the scheme documentation to the facts relating to ‘how the scheme was designed to and did operate in practice’.

Judges:

Hamblen J

Citations:

[2012] EWHC 1321 (Comm)

Links:

Bailii

Statutes:

Financial Services and Markets Act 2000 235

Jurisdiction:

England and Wales

Citing:

See Also – Brown and Others v InnovatorOne Plc and Others ComC 19-Jun-2009
The claimants served proceedings by fax. The defendants denied that it was effective saying that they had not confirmed that they were instructed to accept service or that as required by the rules they had confirmed that they would accept service by . .
See Also – Brown and Others v InnovatorOne Plc and Others ComC 28-Jul-2010
The claimants alleged breach of trust by the defendants in their promotion of an investment scheme which went on to fail. One defendant, a Swiss bank now sought a declaration that the court had no jurisdiction over it.
Held: The defendant’s . .

Cited by:

Appeal from – Brown and Others v Innovatorone Plc and Others CA 4-Dec-2012
The claimants appealed against rejection of their claims of breach of trust against the respndents and their solicitors in the promotion of investment semes which went on to fail. . .
Cited – Asset Land Investment Plc and Another v The Financial Conduct Authority SC 20-Apr-2016
Proceedings were brought against the appellant’s associated parties, alleging that they had carred on regulated activities without authorisation, contrary to section 19 of the2000 Act. They had offered various plots of land for sale, suggesting they . .
Lists of cited by and citing cases may be incomplete.

Trusts, Financial Services

Updated: 31 October 2022; Ref: scu.459810

Morice v The Bishop of Durham: CA 26 Mar 1804

Bequest, in trust for such objects of benevolence and liberality as the trustee in his own discretion shall most approve, cannot be supported as a charitable Legacy ; and is therefore a Trust for the next of kin.
Ann Cracherade by her Will, dated the 16th of April 1801, and duly executed to pass real estate, after giving several legacies to her next of kin and others, some of which she directed to be paid out of the produce of her real estate, directed to be sold, bequeathed all her personal estate to the Bishop of Durham, his executors, andc., upon trust to pay her debts and legacies, andc.; and to dispose of the u1timate residue to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of ; and she appointed the Bishop her sole executor.
The bill was filed by the next of kin, to have the Will established, except as to the residuary bequest; and that such bequest may be declared void. The Attorney General was made a Defendant . The Bishop by his answer expressly disclaimed any beneficial interest in himself personally.
Held: The objects of benevolence and liberality were not so limited, and that the gift therefore failed. Sir William Grant MR described the effect of the 1601 Act and the use of the word ‘charity’: ‘Here its signification is derived chiefly from the Statute of Elizabeth. Those purposes are considered charitable, which that Statute enumerates, or which by analogies are deemed within its spirit and intendment.’ He continued: ‘But it is settled, upon authority, which it is too late to controvert, that where a charitable purpose is expressed, however general, the bequest shall not fail on account of uncertainty of the object: but the particular mode of application will be directed by the King in some cases, in others by this Court.’

Judges:

Sir William Grant MR

Citations:

[1804] EngR 179, (1804) 9 Ves Jun 399, (1804) 32 ER 656

Links:

Commonlii

Statutes:

Statute of Charitable Uses 1601

Jurisdiction:

England and Wales

Citing:

See Also – Morice v The Bishop of Durham 1789
. .
See Also – Morice v The Bishop of Durham 1789
. .
See Also – Morice v The Bishop of Durham 1789
. .

Cited by:

Appeal from – Morice v Bishop of Durham HL 1805
The court was asked whether a gift of residue to be applied ‘to such objects of benevolence and liberality as the Bishop of Durham in his own discretion shall most approve of’ was valid as being confined to purposes that were charitable.
Held: . .
See Also – Morice v The Bishop of Durham 20-Mar-1805
. .
See Also – Morice v The Bishop of Durham 21-Jun-1805
. .
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 . .
Cited – Scottish Burial Reform and Cremation Society v Glasgow Corporation HL 26-Jul-1967
The appellants sought partial exemption from rates on its premises. The Corporation challenged their charitable status. The society’s object was to encourage and provide facilities for cremation.
Held: The object was charitable.
Lord Reid . .
Cited – Incorporated Council of Law Reporting For England And Wales v Attorney-General And Others CA 14-Oct-1971
The Council sought charitable status for its activities of reporting the law. The Revenue appealed against the decision by Foster J that the Council ought to be registered as a charity.
Held: The appeal failed. The company should have . .
Lists of cited by and citing cases may be incomplete.

Charity, Trusts

Updated: 31 October 2022; Ref: scu.343647

In re Denley’s Trust Deed: ChD 1969

The trustees of land in Gloucestershire were to maintain the land as a sports ground for the benefit of the employees of a company and also for ‘such other person or persons (if any) as the trustees may allow to use the same . . .’ The Deed contained a perpetuity clause providing that if (a) the number of employees subscribing 2d per week each should be less than 75% of the workforce, or (b) if the land was no longer required as a sports ground, or (c) if the company went into liquidation, then the trustees were to convey the land to the General Hospital Cheltenham or as it should direct. The court was asked whether the trust and the gift over were valid. The company argued that the trust was invalid because of the absence of certainty as to beneficiaries, and the fund was therefore held for the company. For the employees it was argued that the trust was valid, but the gift over was invalid. It was held that the trust and the gift over were valid. ‘Where, then, the trust, although expressed as a purpose, is directly or indirectly for the benefit of an individual or individuals, it seems to me that it is in general outside the mischief of the beneficiary principle. . . The trust in the present case is limited in point of time so as to avoid any infringement of the rule against perpetuities and . . . it does not offend against the beneficiary principle; and unless, therefore, it is void for uncertainty, it is a valid trust. As it is a private trust and not a charitable one, it is clear that, however it be regarded, the individuals for whose benefit it is designed must be ascertained or capable of ascertainment at any given time . . ‘

Judges:

Goff J

Citations:

[1969] 1 Ch 373, [1968] 3 All ER 65

Jurisdiction:

England and Wales

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: 31 October 2022; Ref: scu.220237

In Re Duxbury’s Settlement Trusts: CA 21 Nov 1994

The Public trustee appealed against an order which had recognised his appointment under the 1959 trust, but had held that because of the explicit prohibition in the trust instrument against a trustee acting alone, he could not act.
Held: Powers under a trust deed were satisfactorily exerciseable by the Public Trustee acting alone despite the trust deed’s express requirement that no trustee shall act alone. The powers given under the Act inevitably included this power: ‘It would be idle to appoint a trustee who was unable to act. Appointment and action were for this purpose inseparable.’ It was futile to distinguish between a power to appoint a sole trustee and the power of that trustee to act alone.

Judges:

Nourse LJ, Henry LJ, Sir John Megaw

Citations:

Times 19-Dec-1994, Gazette 16-Dec-1994, Ind Summary 06-Feb-1995, [1995] 1 WLR 425, [1994] EWCA Civ 21

Links:

Bailii

Statutes:

Public Trustee Act 1906 5(1)

Jurisdiction:

England and Wales

Citing:

Cited – In re Moxon 1916
Under the statutory power of appointing new trustees out of court, the public trustee could be appointed and act even though the instrument might require a minimum of two trustees to act. The section was ‘not merely by way of addition o the . .
Cited – Mettoy Pension Trustees v Evans ChD 1990
Where a trustee acts under a discretion given to him by the terms of the trust the court will interfere with his action if it is clear that he would not have so acted as he did had he not failed to take into account considerations which he ought to . .
Cited – Re Hastings-Bass; Hastings v Inland Revenue CA 14-Mar-1974
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the . .
Lists of cited by and citing cases may be incomplete.

Equity, Trusts

Updated: 27 October 2022; Ref: scu.81858

Hunter v Moss: CA 21 Dec 1993

The defendant challenged the finding that an oral express trust applied to 50 of his 950 shares on the basis there was not certainty of subject matter. The trust related to five per cent of a company’s issued share capital. However, all of the shares were identical in one class and the defendant held more than 50 shares. Mr Rimer QC, at first instance, held that the principles applying to a trust of tangible assets (as in Re Wait or London Wine Co) were not the same as applied to a trust of intangibles. He held that the test should be whether, immediately after the declaration of trust, the court could, if asked, make an order for the execution of the trust, which it could only do if the subject-matter of the trust is identified with sufficient certainty. He then held that a declaration as regards a definite number of shares, forming part of a larger holding, was valid, just as a declaration as regards the corresponding proportion of the shares held would have been. He accepted that the trustee’s subsequent dealings with the larger holding might leave doubt as to whether the dealings were with his own retained assets or with the trust assets, but said that such uncertainty would not be as to whether a trust had been validly created, but as to whether the obligations to which it gave rise had been properly discharged.
Held: The appeal failed. It was not necessary to identify any particular 50 shares. The trust was effective.

Judges:

Dillon, Mann, Hirst LJJ

Citations:

[1993] EWCA Civ 11, [1994] 1 WLR 452, [1994] 3 All ER 215

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 27 October 2022; Ref: scu.262616

Saville v Goodall: CA 1993

The court considered the requirements to establish that property purchased in one name but for an unmarried couple were to be held on trust: ‘[Counsel] referred us to a recent decision of this court in Springette v Defoe [1992] 2 FLR 388, which recognises that the common intention must be communicated between the parties. I think all the authorities on first category cases will be found to be consistent with that proposition.’

Judges:

Lord Justice Nourse and Lord Justice Evans

Citations:

[1993] 1 FLR 755

Jurisdiction:

England and Wales

Citing:

Cited – Springette v Defoe CA 1-Mar-1992
Property was purchased in joint names, but with no express declaration of the beneficial interests. The couple had lived together for a short time as joint tenants of the local authority. They were able to purchase at a substantial discount from the . .

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

Updated: 27 October 2022; Ref: scu.199952

Marchioness-Dowager of Annandale, Only Child and Surviving Trustee and Executrix of John Vanden Bempde, Esq, Deceased v Marquis of Annandale; and Ronald Crawford, Clerk To The Signet: HL 18 Feb 1755

Trust Uses – Act of Parliament – Execution of the Trust. – Held where the money, personal estate, rents, and co., belonging to a trust estate, were specially directed by the truster’s will, to be laid out in the purchase of land in England, though by Act of Parliament, power had been given to appropriate certain accumulations of these rents, and co., in purchasing up debts affecting the Annandale estates in Scotland, to which the beneficiary had succeeded, yet that the trustees and executors under the will, were still entitled, on a favourable purchase of land offering in the counties named in the will, to recall the money so lent out, and to purchase the estates.

Citations:

[1755] UKHL 6 – Paton – 697

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 26 October 2022; Ref: scu.558224

Henry Wedderburn, Esq, Second Son of Charles Wedderburn of Gosford v Sir Peter Halket of Pitfirran, Bart, Alexander Hart, His Curator Ad Litem, and John Wedderburn of Gosford, Repondents: HL 19 Mar 1770

Entail – Power to Alter Order of Succession.-
Entail taken to the makers and longest liver in liferent, and to their eldest son in fee, whom failing his second son, andc., with a prohibition against altering the order of succession; but no restraint against selling or charging the estate with debt. The eldest son, who succeeded after the maker, finding his own eldest son an idiot, altered the order of succession, and gave the estate to his second son, and the heirs precisely marked out by the original entail. Held, that as he was fiar of the estate, he could exercise this power, more especially seeing that the deed so executed had not in view fraudulently to alter the order of succession, but merely to provide for a contingency that had not been contemplated by the maker.

Citations:

[1770] UKHL 2 – Paton – 231, (1770) 2 Paton 231

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 26 October 2022; Ref: scu.561669

Grizel Craik, Daughter of Adam Craik, and Grand-Daughter of William Craik v Jean Craik, Daughter of William Craik: HL 21 Dec 1753

Marriage Contract- Powers of Father- Fiar- Res Judicata.-
Held where a father had bound himself by the marriage contract to convey his estate to the heirs male of the marriage, this did not prevent him from making an entail in favour of the heir male and series of substitutes. Circumstances in which points raised were res judicata.

Citations:

[1753] UKHL 1 – Paton – 542

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 26 October 2022; Ref: scu.558216

Mrs Katherine Maitland v Major Forbes, (Et E Contra): HL 12 Feb 1754

Entail- Heir-Female- Service.-
Held restrictions of entail only to apply to the heirs-female. 2. Also held, that a retour of service bearing that the party was served nearest heir of tailzie in general was good, though it did not mention to what estate, or by virtue of what deed of tailzie, and carried right to every subject in that character.

Citations:

[1754] UKHL 1 – Paton – 570

Links:

Bailii

Jurisdiction:

Scotland

Trusts

Updated: 26 October 2022; Ref: scu.558219

Hunt v Soady: CA 26 Apr 2007

The parties lived together and held the property as beneficial joint tenants. After the split up and the claimant let the house, she sought an order for its sale, and the appellant defendant sought an order that he should take the equity in the property. The joint tenancy had been severed. The defendant said that they had agreed that he should take the full proceeds if he discharged the arrears under the mortgage. She denied that any agreement was completed, and that the appellant had in any event not satisfied his conditions.
Held: The appeal failed.

Judges:

Mummery LJ, Lawrence Collins LJ, Sir Paul Kennedy

Citations:

[2007] EWCA Civ 366

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA 22-Feb-2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . .
Lists of cited by and citing cases may be incomplete.

Trusts, Land

Updated: 22 October 2022; Ref: scu.251502

Shaw v Hutton-Shaw: CA 24 Nov 2006

Appeal about the interpretation of two documents made in a relatively informal way between two people who were then living together as man and wife, and the agreements arise out of their joint ownership or occupation of properties in which they had lived together.

Citations:

[2006] EWCA Civ 1235

Links:

Bailii

Jurisdiction:

England and Wales

Trusts

Updated: 19 October 2022; Ref: scu.249091