swarb.co.uk - law index
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Trusts - From: 1997 To: 1997
This page lists 16 cases, and was prepared on 02 April 2018.
Richard v Mackay (1997) 11 Tru LI 23
1997
Millett J
Trusts
In construing a trust deed, it is not the task of the court to say how it would exercise any discretion given, but " . . to ensure that the proposed exercise of the trustees' powers is lawful and within the power and that it does not infringe the trustees' duty to act as ordinary, reasonable and prudent trustees might act, but it requires only to be satisfied that the trustees can properly form the view that the proposed transaction is for the benefit of beneficiaries or the trust estate." and "It must be borne in mind that one consequence of authorising the trustees to exercise a power is to deprive the beneficiaries of any opportunity of alleging that it constitutes a breach of trust and seeking compensation for any loss which may flow from that wrong. Accordingly the court will act with caution in such a case . . "
1 Citers
Brown and Another v Bennett and Others (1) Times, 03 January 1997
3 Jan 1997
ChD
Trusts
Range of constructive trusteeship is not to be extended to create liability for company directors for mere breach of duty.
Anglo Corporation Limited v Peacock Ag [1997] EWCA Civ 992
12 Feb 1997
CA
Contract, Trusts
[ Bailii ]
Ghana Commercial Bank v C and Others Times, 03 March 1997
3 Mar 1997
QBD
Trusts
'[C]onstructive trustee' must be read allowing both proprietary and personal claimants.
Rules of the Supreme Court Order 11 R1
Armitage v Nurse; etc; CA 19-Mar-1997 - Times, 31 March 1997; [1997] EWCA Civ 1279; [1998] Ch 241; [1997] 2 All ER 705; [1997] 3 WLR 1046
Arab Monetary Fund v Jawad Mahmoud Hashim; Salwa Al Rufaiee, etc; CA 21-Mar-1997 - [1997] EWCA Civ 1298
Geoffrey Silverwood (Executor of the Estate of Daisy Silverwood) v Silverwood; and Whiteley; CA 15-Apr-1997 - [1997] EWCA Civ 1401; (1997) 74 P&CR 453
Goodchild and Another v Goodchild; CA 2-May-1997 - Times, 12 May 1997; [1997] EWCA Civ 1611; [1997] 3 All ER 63; [1997] 1 WLR 1216
Stone v Mahmood [1997] EWCA Civ 1749
21 May 1997
CA
Land, Trusts
[ Bailii ]
Roshview Forwarding Limited (In Liquidation) v Roshview International Limited; Roshview Export Import Limited; Mark AduGyamfi and Comfort AduGyamfi [1997] EWCA Civ 1810
6 Jun 1997
CA
Land, Trusts
[ Bailii ]
Foskett v McKeown and Others Times, 27 June 1997; [1997] EWCA Civ 1747; [1998] Ch 265
27 Jun 1997
CA
Hobhouse LJ
Trusts, Financial Services
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.
1 Cites
1 Citers
[ Bailii ]
Ingram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue; CA 28-Jul-1997 - Times, 11 September 1997; Gazette, 10 September 1997; [1997] EWCA Civ 2212; [1997] 4 All ER 395; [1997] STC 1234
Safdar v Hassan; Ahmed and Javid [1997] EWCA Civ 2676
7 Nov 1997
CA
Land, Trusts
[ Bailii ]
Binning Bros Limited (In Liquidation) v Thomas Eggar Verrall Bowles (a Firm) [1997] EWCA Civ 2688
11 Nov 1997
CA
Trusts, Limitation, Contract
1 Cites
[ Bailii ]
David Rhodri Kasperbauer; Sian Sarah Griffith v (L) Enyd Bevan Griffith; George Walter Havens; John Spencer Zorab and Rosemary June Griffith [1997] EWCA Civ 2785
21 Nov 1997
CA
Trusts
1 Cites
[ Bailii ]
Leslie Norman Parlett v Guppys (Bridport) Limited Norah Parlett David Harry Parlett [1997] EWCA Civ 2907
4 Dec 1997
CA
Trusts
1 Cites
1 Citers
[ Bailii ]