swarb.co.uk - law index
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Trusts - From: 1995 To: 1995
This page lists 11 cases, and was prepared on 02 April 2018.
Wilson v Law Debenture Trust Corporation plc [1995] 2 All ER 337
1995
ChD
Trusts
Rattee J upheld the trustees' refusal to give reasons for a discretionary decision, on what he described as well established principles of trust law. He added: "Moreover, there is in my judgment sound reason for the parties to the trust instrument in the present case having conferred such a discretion on the trustee in the hope of minimising the potential for dispute and possibly litigation by various groups of employees and ex-employees, dissatisfied by an exercise of the trustee's quantification of the amount to be transferred in a situation such as the present."
Midland Bank v Wyatt [1997] 1 BCLC 242; [1995] 1 FLR 697
1995
ChD
Trusts
Mr Wyatt settled his family home on trust for the benefit of his wife and daughter, so as to immunise it from any business failure he might suffer. When his business did fail, he sought to protect his house from creditors by relying on the settlement earlier executed, of which his wife was a trustee. It emerged that Mr Wyatt's wife had had no knowledge of the effect or nature of the declaration she signed as "trustee". Held: There was a sham, and the declaration of trust was void and could not be enforced.
Where a trustee goes along with a settlor neither knowing nor caring what he or she is signing, this constitutes sufficient intention to create a sham.
Warman International Ltd v Dwyer; 1995 - [1995] 128 ALR 201
Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others Gazette, 01 June 1995; Independent, 23 May 1995; Times, 25 April 1995; [1996] 1 WLR 328; [1995] 4 All ER 769; [1995] EWCA Civ 15
10 Apr 1995
CA
Millett LJ, Stuart-Smit LJ, Millet LJ
Equity, Trusts
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 Halfax's charge. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, and can rely on that charge. Millett LJ: "If the plaintiff succeeds in tracing his property, whether in its original or in some changed form, into the hands of the defendant, and overcomes any defences which are put forward on the defendant's behalf, he is entitled to a remedy. The remedy will be fashioned to the circumstances. The plaintiff will generally be entitled to a personal remedy; if he seeks a proprietary remedy he must usually prove that the property to which he lays claim is still in the ownership of the defendant. If he succeeds in doing this the court will treat the defendant as holding the property on a constructive trust for the plaintiff and will order the defendant to transfer it in specie to the plaintiff. But this is only one of the proprietary remedies which are available to a court of equity. If the plaintiff's money has been applied by the defendant, for example, not in the acquisition of a landed property but in its improvement, then the court may treat the land as charged with the payment to the plaintiff of a sum representing the sum by which the value of the defendant's land has been enhanced by the use of the plaintiff's money. And if the plaintiff's money has been used to discharge a mortgage on the defendant's land, then the court may achieve a similar result by treating the land as subject to a charge by way of subrogation in favour of the plaintiff."
1 Cites
1 Citers
[ Bailii ]
Royal Brunei Airlines SDN BHD v Tan Independent, 22 June 1995; [1995] 2 AC 378; [1995] UKPC 4; [1995] 3 All ER 97; [1995] UKPC 22
24 May 1995
PC
Lord Nicholls of Birkenhead, Lord Nicholls
Trusts, Commonwealth
(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ""knowingly" was better avoided as a defining ingredient of the liability, and that in that context the Baden categorisation was best forgotten. Although my own view is that the categorisation is often helpful in identifying different states of knowledge which may or may not result in a finding of dishonesty for the purposes of knowing assistance, I have grave doubts about its utility in cases of knowing receipt." and "Recipient liability is restitution-based; accessory liability is not".
Lord Nicholls summarised the ingredients of liability for dishonest assistance: "Drawing the threads together, their Lordships' overall conclusion is that dishonesty is a necessary ingredient of accessory liability. It is also a sufficient ingredient. A liability in equity to make good resulting loss attaches to a person who dishonestly procures or assists in a breach of trust or fiduciary obligation. It is not necessary that, in addition, the trustee or fiduciary was acting dishonestly, although this will usually be so where the third party who is assisting him is acting dishonestly. "Knowingly" is better avoided as a defining ingredient of the principle, and in the context of this principle the Baden scale of knowledge is best forgotten."
1 Cites
1 Citers
[ Bailii ] - [ Bailii ]
Foster and Others v Spencer Times, 14 June 1995
14 Jun 1995
ChD
Trusts
Trustees of a non-charitable trust entitled to payment of past remuneration and expenses.
Armitage v Nurse and Others; ChD 3-Jul-1995 - Ind Summary, 03 July 1995
Midland Bank Plc v Cooke and Another [1995] EWCA Civ 12; [1995] 2 FLR 915; [1996] 1 FCR 442; [1995] 4 All ER 562
7 Jul 1995
CA
Stuart Smith, Waite, Schiemann LJJ
Family, Trusts
1 Citers
[ Bailii ]
Midland Bank v Cooke and Another; CA 13-Jul-1995 - Independent, 26 July 1995; Times, 13 July 1995; Gazette, 31 August 1995; [1995] 4 All ER 562; [1995] 2 FLR 915
Target Holdings Ltd v Redferns (A Firm) and Another; HL 21-Jul-1995 - Gazette, 06 September 1995; Times, 21 July 1995; Independent, 10 August 1995; [1996] 1 AC 421; [1995] UKHL 10; [1995] 3 All ER 785
Drake v Whipp; CA 30-Nov-1995 - Times, 19 December 1995; [1996] 2 FCR 296; [1995] EWCA Civ 25; [1996] 2 FCR 296; (1996) 28 HLR 531; [1996] CLY 5780
