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 user of the school. The main questions were whether the County Council had to pay the Corporation rent for their use of the school and whether the County Council, by its contributions to the costs of building and maintaining the school, had acquired an equitable interest in the premises.
Held: ‘… though the legal estate in the school is vested in the Gravesend council, the county council have an equitable estate or interest in it in the proportion that the total sums contributed by the county council bear to the total cost on the principles very simply and clearly stated by Farwell L.J. in The Venture ‘ and ‘On this basis the full rent must be reduced in favour of the county council to the extent of this equitable interest or resulting trust pro tanto’.
Judges:
Lord Wright
Citations:
[1935] 1KB 339
Jurisdiction:
England and Wales
Citing:
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 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, Insurance
Updated: 01 September 2022; Ref: scu.187418
