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.
Trusts - From: 1998 To: 1998
This page lists 20 cases, and was prepared on 02 April 2018.
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
Varsani and others v Jesani, Patel and Her Majesty's Attorney-General; CA 3-Apr-1998 - [1998] EWCA Civ 630; [1999] Ch 219; [1998] 3 All ER 273
Tankel and Others v Tankel Times, 23 April 1998
23 Apr 1998
ChD
Trusts
Rectification of settlements is a remedy to be 'cautiously watched and jealously guarded' and restricted to situations where the document executed differed from that intended to be executed by the settlor.
Murphy v Murphy; ChD 2-May-1998 - Times, 02 May 1998; [1999] 1 WLR 282
Polly Peck International Plc v The Marangos Hotel Company Ltd and Others Times, 18 May 1998; [1998] EWCA Civ 789; [1998] 3 All ER 812; [1998] 2 BCLC 185
7 May 1998
CA
Nourse LJ, Potter LJ, Mummery LJ
Trusts, Insolvency
Leave had been given for the insolvent plaintiff company to bring proceedings. The defendant now challenged that leave. Held: A claim that a massively insolvent company had wrongfully occupied Turkish Cypriot property would not allow a claim of remedial constructive trust against assets held by liquidator here. A so-called "remedial constructive trust" is not known in English law. Mummery LJ pointed to the lack of any material distinction between compulsory winding up and administration.
Insolvency Act 1986 11(3)
1 Citers
[ Bailii ]
Jyske Bank (Gibraltar) Ltd v Spjeldnaes and Another [1998] EWCA Civ 1101
26 Jun 1998
CA
Equity, Trusts
[ Bailii ]
Paragon Finance Plc (Formerly Known As National Home Loans Corporation Plc v D B Thakerar and Co (a Firm); Ranga and Co (a Firm) and Sterling Financial Services Limited; CA 21-Jul-1998 - Times, 07 August 1998; Gazette, 29 July 1998; Gazette, 16 September 1998; [1998] EWCA Civ 1187; [1999] 1 All ER 400; [1998] EWCA Civ 1249
Sumir Singh Dhingra v Surjit Singh Dhingra [1998] EWCA Civ 1395
13 Aug 1998
CA
Trusts
Claim by son that National Savings Account in joint names with his father was held in trust for himself alone.
1 Cites
1 Citers
[ Bailii ]
Singh v Bhasin and Others Times, 21 August 1998; Gazette, 16 September 1998
21 Aug 1998
ChD
Trusts
A trustee who defended a claim would always be at risk of an order to pay the costs personally even if advised by counsel to defend if he did not seek a protective Beddoe order before defending.
1 Cites
Gold and Another v Hill; Hill v Fold and Others Times, 24 August 1998; Gazette, 16 September 1998
24 Aug 1998
ChD
Trusts
A nomination of a beneficiary to take proceeds of a life policy, where that beneficiary was in turn to pay it on to somebody else, was akin to a secret trust, but nominations are not subject to Law of Property Act 1925 s 53 since a nomination is not a disposition.
Law of Property Act 1925 53(1)( c)
Anthony Kevin Sweeney v Anna Treherne Coghill [1998] EWCA Civ 1436
16 Sep 1998
CA
Trusts
[ Bailii ]
Kinch and Another v Bullard and Others Times, 16 September 1998
16 Sep 1998
ChD
Trusts
A notice of severance of a joint tenancy applied to sever the tenancy even though it had not actually been received. It was sufficient that it had been posted and received at the house though intercepted.
Law of Property Act 1925 36(2)
Wight and Another v Olswang and Another Times, 17 September 1998
17 Sep 1998
ChD
Trusts
Where a clause exempting trustees was ambiguous. the clause would be construed against the trustee. Where second such clause exempted only unpaid trustees but in limited fashion, a first clause was to be read similarly.
1 Cites
1 Citers
Richard David Lewis Showan and Sheila Anne Showan v Elizabeth Rosemary Yapp and Messrs Glanvilles Damant (a Firm) [1998] EWCA Civ 1668
3 Nov 1998
CA
Trusts, Land, Professional Negligence
[ Bailii ]
Scott v The National Trust [1998] EWHC 318 (Ch)
12 Nov 1998
ChD
Neuberger J
Trusts
The Trust applied to be joined in an application by the plaintiffs.
[ Bailii ]
National Anti-Vivisection Society Ltd v Duddington Times, 23 November 1985
23 Nov 1998
Trusts, Costs
The trustee of the Society had actively defended a trust action but failed. He sought an indemnity for his costs. Held: He was not entitled to an indemnity for costs out of the trust assets. His acts had preferred one group of beneficiaries over another. A trustee's neutrality in a trust dispute was sacrosanct.
1 Citers
Philip Edmund Laird and Betty Priscilla Laird and Edna May Paternoster [1998] EWCA Civ 1841
25 Nov 1998
CA
Trusts
[ 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
Vekaria v Dabasia (Nee Patel); Walji Naran Patel; and; Dabasia; Patel; Vekaria; Patel and Chesham Properties [1998] EWCA Civ 1880
1 Dec 1998
CA
Lord Wool MR
Trusts, Land
[ Bailii ]
Royal Borough of Kingston Upon Thames v Wendy Prince Marie Emma Prince (a Minor) (Acting By Her Guardian Ad Litem Wendy Prince) [1998] EWCA Civ 1891; (1999) 31 HLR 794
2 Dec 1998
CA
Roch LJ, Hale DBE J
Housing, Children, Trusts
The Borough's tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may not have capacity to own a legal estate, but may have an equitable tenancy. The Settled Land Act operated to create a trust and a settlement for the interest to be held for a child. Minors are capable of being persons in housing law. A minor can hold an equitable tenancy of any property, including a council house.
Housing Act 1985 79 87 113(1) - Law of Property Act 1925 1(1) - Settled Land Act 1925 27(1)
1 Cites
[ Bailii ]