swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Equity - From: 1998 To: 1998
This page lists 13 cases, and was prepared on 21 May 2019.
Scott v The National Trust [1998] 2 All ER 705
1998
CA
Walker LJ
Equity, Trusts
Trustees, in the exercise of their fiduciary discretions, are under constraints which do not apply to adult individuals disposing of their own property. Walker LJ said: "Certain points are clear beyond argument. Trustees must act in good faith, responsibly and reasonably. They must inform themselves, before making a decision, of matters which are relevant to the decision. These matters may not be limited to simple matters of fact but will, on occasion (indeed, quite often) include taking advice from appropriate experts, whether the experts are lawyers, accountants, actuaries, surveyors, scientists or whomsoever. It is, however for advisers to advise and for trustees to decide: trustees may not (except in so far as they are authorised to do so) delegate the exercise of their discretions, even to experts. This sometimes creates real difficulties, especially when lay trustees have to digest and assess expert advice on a highly technical matter (to take merely one instance, the disposal of actuarial surplus in a superannuation fund)."
1 Cites
1 Citers
Bank of India v Mody and Others Gazette, 25 March 1998
25 Mar 1998
ChD
Equity
An equitable interest was not acquired by a license's contributing no special amounts as against owners of equitable charge to bank.
Don King Productions Inc v Warren and Others; ChD 13-Apr-1998 - Times, 13 April 1998; Gazette, 13 May 1998; [2000] Ch 291; [1998] 2 All ER 608
Banque Financiere De La Cite v Parc (Battersea) Ltd and Others; HL 16-Apr-1998 - Times, 02 March 1998; Gazette, 16 April 1998; [1998] 1 All ER 737; [1998] 2 WLR 475; [1998] UKHL 7; [1999] AC 221
Portman Building Society v Hamlyn Taylor Neck (a Firm); CA 22-Apr-1998 - [1998] 4 All ER 202; [1998] EWCA Civ 686
Jyske Bank (Gibraltar) Ltd v Spjeldnaes and Another [1998] EWCA Civ 1101
26 Jun 1998
CA
Equity, Trusts
[ Bailii ]
Dunbar Bank Plc v Maurice Nadeem Zubaida Nadeem and Another Times, 01 July 1998; [1998] EWCA Civ 1027; [1998] 3 All ER 876
1 Jul 1998
CA
Millett LJ
Undue Influence, Banking, Equity
Manifest disadvantage had to be shown in order to establish a claim of presumed undue influence, but only damage if actual undue influence shown. Equity can only help if restitutio in integrum could be achieved.
1 Cites
1 Citers
[ Bailii ]
Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) Times, 24 August 1998; [1998] UKHL 26; [1998] UKHL 53
16 Jul 1998
HL
Lord Browne-Wilkinson, Lord Jauncey of Tullichettle, Lord Nolan, Lord Hoffmann, Lord Hope of Craighead
Equity
(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy. Held: Where a landlord recovered possession of land under lease by an irritancy clause and thereby took benefit of substantial rents paid by former sub-tenants, was not subject to law of unjust enrichment and did not have to re-pay profits
1 Cites
[ House of Lords ] - [ Bailii ] - [ Bailii ]
Kleinwort Benson Ltd v Lincoln City Council etc; HL 29-Jul-1998 - Gazette, 18 November 1998; Gazette, 10 February 1999; Times, 30 October 1998; [1998] UKHL 38; [1999] 2 AC 349; [1998] 4 All ER 513; [1998] 3 WLR 1095; [1998] Lloyds Rep Bank 387
Filross Securities Ltd v Midgley Gazette, 29 July 1998
29 Jul 1998
CA
Equity
After landlord's claim for service charge struck out for want of prosecution, and tenant continued with amended counterclaim, Landlord's revival of his claim by way of set off was an equitable claim and was outside the rules of the Limitation Acts.
Limitation Act 1980 36(2)
D B Ramsden and Co Ltd v Nurdin and Peacock Plc and Another Times, 14 September 1998; [1999] 1 EGLR 119; [1999] 1 WLR 1249
14 Sep 1998
ChD
Neuberger J
Registered Land, Equity
The tenant overpaid rent, including a payment in May 1997 on advice that the payment would be recoverable following litigation establishing that it was an overpayment. The court later held that the payments in question were indeed overpayments. The plaintiff then sought repayment of the sums overpaid (including the payment made in May 1997), on the basis that they were made under a mistake of fact, and were therefore recoverable; alternatively, that even if they were made under a mistake of law, it would be right to order repayment. Held: All the overpayments were recoverable, including the payment made in May 1997, as having been made under a mistake of fact. Where a right to rectify a lease existed, and the tenant assigned the lease, the assignee took as a purchaser for value, and was not bound on that ground, but the right to rectify was also an overriding interest to which he was subject. Rectification is better described as an equitable rather than a discretionary remedy, and is subject therefore to the defences in equity.
Land Registration Act 1925 70(1)(g) - Limitation Act 1980 32(1)(c)
1 Cites
1 Citers
Target Holdings Limited v Redferns (a Firm) Alexander Stevens and Company Limited (T/a Alexander Stevens Druce) [1998] EWCA Civ 1558
16 Oct 1998
CA
Equity
1 Cites
[ Bailii ]
Lowson v Coombes; CA 26-Nov-1998 - Times, 02 December 1998; Gazette, 03 June 1999; [1998] EWCA Civ 1849; [1999] 2 WLR 720; [1999] 1 FLR 799; [1999] Fam Law 91; [1999] Ch 373; [1999] 2 FCR 731