A parole agreement by all the shareholders in a company, to liquidate it, created a constructive trust. That a specifically enforceable agreement to assign an interest in property, created an equitable interest in the assignee, was unquestionably correct. A trust deed governed by s53(2) is not subject to the requirement to be in writing.
Judges:
Lord Justice Nourse, Lord Justice Rose and Lord Justice Aldous
Citations:
Times 04-Apr-1996, [1997] Ch 14
Statutes:
Law of Property Act 1925 53(2)
Jurisdiction:
England and Wales
Citing:
Cited – London and South Western Railway Co v Gomm CA 1882
A grant was given to repurchase property, but was void at common law for the uncertainty of the triggering event.
Held: The ‘right’ to ‘take away’ the claimants’ estate or interest in the farm was immediately vested in the grantee of the right . .
Cited by:
Cited – Slater v Simm ChD 27-Apr-2007
The deceased and her partner did not marry but owned three properties together. They could not agree on the interpretation of the documents setting out their interests, and whether they had been varied.
Held: The court set out the various . .
Lists of cited by and citing cases may be incomplete.
Company, Equity
Updated: 31 October 2022; Ref: scu.84261
