Re Shephard, Shephard v Cartwright: HL 1 Dec 1954

The House considered the equitable doctrine of advancement, and the admission of evidence which might go to rebut it.
Held: The presumption is one which ‘should not . . give way to slight circumstances’.
Viscunt Simonds approved, from Snell’s Principles: ‘The acts and declarations of the parties before or at the time of the purchase, or so immediately after it as to constitute a part of the transaction, are admissible in evidence either for or against the party who did the act or made the declaration . . But subsequent declarations are admissible as evidence only against the party who made them, and not in his favour.’
Viscount Simonds, Lord Morion of Henryton, Lord Reid, Lord Tucker, Lord Somervell of Harrow
[1954] UKHL 2, [1955] AC 431, [1954] 3 All ER 494
Bailii
England and Wales
Cited by:
CitedBen Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .
CitedBen Hashem v Ali Shayif and Another FD 22-Sep-2008
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court.
After a comprehensive review of all the authorities, Munby J said: ‘The . .

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Updated: 21 May 2021; Ref: scu.248521