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Trusts - From: 2004 To: 2004

This page lists 24 cases, and was prepared on 02 April 2018.

 
Kyriakides v Pippas [2004] EWHC (Ch) 644
2004

Gabriel Moss QC
Trusts
When considering the trusts on which land is held, and where there is no declaration of trust, the court puts itself in the position of a jury and considers all the circumstances of the case, so as to arrive at the purchaser's real intention: "I suspect the position we have now reached is that the courts will always strive to work out the real intention of the purchaser and will only give effect to the presumptions of resulting trust and advancement where the intention cannot be fathomed and the "long-stop" or "default" solution is needed."
1 Cites

1 Citers


 
Re Freiburg Trust [2004] JRC 056; (2003-04) 6 ITELR 1078
2004


Trusts
(Jersey)
1 Citers


 
Fraser and Fraser v Canterbury Diocesan Board of Finance Integrated Services Programme [2004] EWCA Civ 15
28 Jan 2004
CA
Lord Justice Potter Mr Justice Wilson Lady Justice Arden
Land, Trusts
The claimants sought a reversion of land conveyed under the 1841 Act to trustees. The defendants ('DBF') as succesors to the trustees argued that by extending the range of pupils in the school, the trustees acquired a title independent of and adverse to the claimants. Held: The DBF succeeded. The judge had found that the land had been used in breach of trust. the school had ceased to be used solely for the purposes set out in the trust deed. It had come to be used for a new and wider purpose, the provision of a school for all-comers (with no finding that priority was given to qualifying persons). The judge then, inconsistently with his own findings, treated the wider purpose as two separate purposes. Arden LJ: " … the fact that a breach or breaches of trust have occurred does not necessarily mean that the authorised purpose has ceased to be the purpose for which the school is used." but "Nor do I accept the submission that the construction which I place on section 2 makes the trustees' title precarious. It simply means that the trustees must adhere to purposes permitted by the terms of the trust."
School Sites Act 1841 2
1 Cites

1 Citers

[ Bailii ]
 
Lavelle v Lavelle and others [2004] EWCA Civ 223; Times, 09 March 2004
11 Feb 2004
CA

Trusts, Costs
Property had been purchased in the name of of the appellant by her father. She appealed a finding that the presumption of advancement had been rebutted. Held: The appeal failed. The presumption against advancement had been rebutted on the evidence. The court at first instance should keep a record of why a costs decision was made, particularly where the costs were disproportionate to the values at stake.
1 Cites

1 Citers

[ Bailii ]
 
Anthony Papouis v Valerie Gibson-West [2004] EWHC 396 (Ch)
4 Mar 2004
ChD
The Honourable Mr Justice Lewison
Trusts, Undue Influence
The deceased had purchased her flat using the discount available as a tenant, and money contributed by the defendant. A deed of trust had been executed, which the claimant now asserted had been obtained by undue influence. Held: The principles underlying undue influence had been established in Etridge. The relationship between the parties was warm and friendly, and in the making of the deed of trust the relationship between Miss Bennett and Mrs Gibson-West was not such as to raise any evidential presumption of undue influence. The court set out a summary of the law of undue influence.
1 Cites

1 Citers

[ Bailii ]
 
Cottrell v King and Another [2004] EWHC 397 (Ch)
4 Mar 2004
ChD

Trusts, Company

[ Bailii ]
 
Collier v Kramer [2004] EWCA Civ 467
1 Apr 2004
CA

Land, Trusts

1 Cites

1 Citers

[ Bailii ]
 
Inglorest Investments Ltd v Robert Campbell and Another [2004] EWCA Civ 408
2 Apr 2004
CA
Lord Justice Mummery Sir Martin Nourse Lord Justice Kay
Land, Trusts
The appellants appealed an order that property be part of the estate of the deceased. There had been an agreement to assign the reversion of the lease to the claimant. That was not completed, but he later acquired the freehold reversion. No written agreement existed, and the claimant asserted a right based upon part performance. Held: The claimant sought to assert both that it the freehold was held on trust for it and that there was a contract. He could not plead both. There was neither an enforceable contract for the sale of the freehold to Inglorest nor a resulting trust in its favour.
1 Cites

[ Bailii ]
 
In the Matter of the Universities Superannuation Scheme - Universities Superannuation Scheme Ltd v Keith Simpson, Jane Mcadoo, University of London [2004] EWHC 935 (Ch); Times, 27 May 2004
29 Apr 2004
ChD
The Hon Mr Justice Lloyd
Financial Services, Trusts
Members of the superannuation scheme complained that trustees were calculating the benefits payable on early retirement by reference to the standard terms of employment, and even though they had particular and different terms. Held: The calculation had to be with reference to the terms and conditions of the member who applied for the benefits.
Pension Schemes Act 1993 71 74 180
1 Cites

[ Bailii ]

 
 Oxley v Hiscock; CA 6-May-2004 - [2004] EWCA Civ 546; Times, 14 July 2004; [2004] 2 FLR 669; [2005] Fam 211
 
CD (A Minor) v O [2004] EWHC Ch 1036
11 May 2004
ChD
The Hon Mr Justice Lloyd
Trusts, Children

[ Bailii ]
 
PT Royal Bali Leisure and Another v Hutchinson and Co Trust Company Ltd [2004] EWHC 1014 (Ch)
13 May 2004
ChD
David Richards J
Trusts, Land

[ Bailii ]
 
Jerome v Kelly (Her Majesty's Inspector of Taxes) [2004] UKHL 25; Times, 20 May 2004; [2004] 21 EGCS 151; [2004] STI 1201; [2004] 2 All ER 835; [2004] 1 WLR 1409; [2004] NPC 75; [2004] WTLR 681; [2004] STC 887; 76 TC 147; [2004] BTC 176
13 May 2004
HL
Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
Capital Gains Tax, Trusts, Land
In 1987, trustees holding land for various beneficiaries in undivided shares entered into a contract to sell it to a purchaser. In 1989 Mr and Mrs Jerome, who were absolutely entitled to interests in the land, assigned part of their beneficial interests (subject to the contract) to the trustees of two Bermuda settlements. By three conveyances in 1990-1992, the original trustees completed the contract of sale. The revenue claimed that the disposal was made at the time of the contract; the taxpayer argued for the time of the conveyances. Held: The section did not provide a clear answer for this situation. The section was intended to fix the time of disposal. It was not intended to impose a liability to tax upon a person who would not be treated as having made a disposal under the carefully constructed scheme for taxing the disposals of assets held on trust, particularly where this might lead to a double charge to tax.
Lord Walker said that "beneficial ownership of the land is in a sense split between the seller and buyer on the provisional assumptions that specific performance is available and that the contract will in due course be completed . . "
Capital Gains Tax Act 1979 46 58
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Pt Royal Bali Leisure, Pt Jazhirah Pemasaran Internasional Trading As Peninsula Marketing International v Hutchinson and Co Trust Company Ltd [2004] EWHC 1014 (Ch)
18 May 2004
ChD
Mr Justice Richards
Trusts, Land
Timeshare arrangements

 
Sangeeta Mehra v Radiatben Rajnikant Shah and others [2004] EWCA Civ 632
20 May 2004
CA
Lord Justice Kennedy Lord Justice Parker Lord Justice Dyson
Company, Trusts

[ Bailii ]
 
Ramlort Ltd v Michael James Meston Reid [2004] EWCA Civ 800; [2004] BPIR 985
8 Jul 2004
CA
Lord Justice Jonathan Parker Lord Justice Judge Lord Justice Waller
Insolvency, Wills and Probate, Trusts
The company sought to claim under a life policy. The deceased had died in Scotland insolvent. The trustee of the policy had declared that he held it on trust for the claimant, but the defendant, the judicial factor of the estate, said the declaration of trust was ineffective as a transaction at an undervalue. The company appealed an order which returned to it the payments it had made, but that the balance was held for the insolvent estate. They said that at the time the payments were made, they were for full value. Held: To have a transaction at an undervalue by an 'individual' within the sections, the value in money or money's worth, from the debtor's point of view, of the consideration for which he enters into the transaction must be 'significantly less' than the value in money or money's worth, again from the debtor's point of view, of the 'consideration provided' by the debtor. The value in money or money's worth of the totality of whatever it is that the debtor is parting with under the transaction. There is no absolute need to ascribe exact values before making that judgment. There had been a transaction at an undervalue, and the order was correct.
Insolvency Act 1986 339
1 Cites

1 Citers

[ Bailii ]
 
Montrose Investment Ltd v Orion Nominees Ltd, Richmond Corporate Services Ltd and Upton, Birchall Ventures Ltd [2004] EWCA Civ 1032
28 Jul 2004
CA
Lord Justice Waller Lady Justice Arden Lord Justice Parker
Company, Trusts

[ Bailii ]

 
 Charalambous v Charalambous; C v C (Ancillary Relief: Nuptial Settlement); CA 30-Jul-2004 - [2004] EWCA Civ 1030; Times, 07 September 2004; [2005] Fam 250
 
Gordon v Harry [2004] EWCA Civ 1226
8 Sep 2004
CA

Land, Trusts

[ Bailii ]
 
Curley v Parkes [2004] EWCA Civ 1515
25 Oct 2004
CA
Lord Justice Peter Gibson Sir William Aldous
Trusts, Land
The claimant sought leave to an appeal an order dismissing his claim for an interest in the property owned by his former partner and in which they had co-habited. This was the second such house. He sought an interest under a resulting trust, having contributed to the purchase costs. Held: Though the judge had not addressed the issue now raised as to whether a resulting trust had arisen, had he done so, it would not have affected the order. Leave refused.
1 Cites

[ Bailii ]
 
Gita Ram v Baskinder Ram,Solinder Ram, Monder Ram and Maurice William Russell [2004] EWCA Civ 1452
5 Nov 2004
CA
Potter, Lord Justice Potter Lord Justice Buxton Lord Justice Carnwath
Insolvency, Trusts, Human Rights
A bankrupt had, before his bankruptcy disposed of his share in a house at an undervalue. His wife appealed an order that the share disposed of should vest entirely in the trustee in bankruptcy. Matrimonial proceedings had also been commenced. Held: The wife was seeking effectively not re-instatement, but the creation of a position which would better allow her own matrimonial claim. The rules required the position to be restored. Any automatic proiotity given to the trustee in bankruptcy was not an infringement of the wife's human rights. Wider interests were in the balance. Nevertheless rule 1293) still required revision.
Insolvency Act 1986 305 423
1 Cites

[ Bailii ]
 
Ali v Al-Basri and Another [2004] EWHC 2608 (QB)
18 Nov 2004
QBD

Trusts
Claim that properties bought with funds provided held in trust.
[ Bailii ]
 
Thane Investments Ltd and others v Tomlinson and others [2004] EWCA Civ 1855
24 Nov 2004
CA

Trusts

[ Bailii ]
 
Stoeckert v Geddes (Jamaica) [2004] UKPC 54
14 Dec 2004
PC

Commonwealth, Trusts

[ Bailii ]
 
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