Equity in UK Law

Leading Cases
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996

    But the proprietary interest which equity is enforcing in such circumstances arises under a constructive, not a resulting, trust. Although it is difficult to find clear authority for the proposition, when property is obtained by fraud equity imposes a constructive trust on the fraudulent recipient: the property is recoverable and traceable in equity.

  • Federal Commerce & Navigation Company Ltd v Molena Alpha Inc. (Benfri, Lorfri, Nanfri)
    • Court of Appeal (Civil Division)
    • 18 Abril 1978

    We have to ask ourselves: What should we do now so as to ensure fair dealing between the parties? It is only cross-claims that arise out of the same transaction or are closely connected with it. And it is only cross-claims which go directly to impeach the plaintiff's demands, that is, so closely connected with his demands that it would be manifestly unjust to allow him to enforce payment without taking into account the cross-claim.

  • Twinsectra Ltd v Yardley
    • Court of Appeal (Civil Division)
    • 28 Abril 1999

    In the latter case, the transferor may elect whether to avoid or affirm the transaction and, until he elects to avoid it, there is no constructive (resulting) trust; in the former case, the constructive trust arises upon the moment of transfer.

  • Williams v Central Bank of Nigeria
    • Supreme Court
    • 19 Febrero 2014

    It comprises persons who never assumed and never intended to assume the status of a trustee, whether formally or informally, but have exposed themselves to equitable remedies by virtue of their participation in the unlawful misapplication of trust assets. In either case, they may be required by equity to account as if they were trustees or fiduciaries, although they are not.

  • Boscawen and Others v Bajwa and Others ; Abbey National Plc v Boscawen and Others
    • Court of Appeal (Civil Division)
    • 10 Abril 1995

    Equity lawyers speak of a right of subrogation, or of an equity of subrogation, but this merely reflects the fact that it is not a remedy which the court has a general discretion to impose whenever it thinks it just to do so. The equity arises from the conduct of the parties on well-settled principles and in defined circumstances which make it unconscionable for the defendant to deny the proprietary interest claimed by the plaintiff.

  • Tinsley v Milligan
    • House of Lords
    • 24 Junio 1993

    The doctrine of locus poenitentiae therefore demonstrates that the effect of illegality is not to prevent a proprietary interest in equity from arising or to produce a forfeiture of such right: the effect is to render the equitable interest unenforceable in certain circumstances. The effect of illegality is not substantive but procedural.

  • Jennings v Rice
    • Court of Appeal (Civil Division)
    • 22 Febrero 2002

    In such a case the court's natural response is to fulfil the claimant's expectations. But if the claimant's expectations are uncertain, or extravagant, or out of all proportion to the detriment which the claimant has suffered, the court can and should recognise that the claimant's equity should be satisfied in another (and generally more limited) way.

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Legislation
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Books & Journal Articles
  • Employer brand equity measurement
    • No. 15-1, February 2016
    • Strategic HR Review
    • 29-33
    Purpose: – This paper aims to assess the value of the employer brand through employer brand equity. Design/methodology/approach: – Based on the model of employer brand equity by B. Minchington, th...
  • Equity Stalling?
    • No. , September 2014
    • Edinburgh Law Review
    • 388-395
  • Equity cards.
    • No. 2001, January 2001
    • Financial Management (UK)
    • Prickett, Ruth
    ...Shares might totter and markets tremble, but the stock of accountants continues to rise. Ruth Prickett finds out why scandals, economic crises and increased regulation are throwing up new opportunities for City financial managers A new type of City......
  • Integration between real estate equity and non-real estate equity
    • No. 32-3, April 2014
    • Journal of Property Investment & Finance
    • 244-255
    Purpose: – The paper examined the long-run relationship between real estate equity (property listed stock) and non-real estate equity (common stock) in the Nigerian capital market and established t...
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Law Firm Commentaries
  • Private Equity Comment
    • JD Supra United Kingdom
    This edition of Private Equity Comment covers Brexit and the outlook for UK funds; the consultation on the UK as a jurisdiction for intermediate holding companies; the market’s viewpoint on COVID-1...
  • Private Equity Goes Green
    • JD Supra United Kingdom
    In December 2015, world leaders met to negotiate the Paris Agreement. Setting aside whether the Paris Agreement goes too far, not far enough or is just right, one cannot dispute that government com...
  • FCA publishes equity transparency results
    • LexBlog United Kingdom
    On 9 March 2021, the FCA published the annual transparency calculations for UK equity and equity-like financial instruments which take effect on 1 April 2021. The calculations include the: Liquidit...
  • AFME updates model equity selling restrictions
    • LexBlog United Kingdom
    On 9 February 2020, the Association for Financial Markets in Europe (AFME) published a revised version of its model equity selling restrictions to reflect the UK’s withdrawal from the EU until the ...
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Forms
  • Special undertaking by trustees
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... any part of which the person is absolutely entitled in equity at such fair and reasonable price as can be ... obtained through a sale on the open market ... AND THAT in the event of the sale being effected ... ...
  • Apply to make decisions on someone's behalf (property and finance)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... Property 1 - address ... Market value ... Balance of any outstanding ... mortgage or other legal charge ... (e.g. equity release) ... If the property is not owned solely by the person to whom the application ... relates please provide the following information: ... How ... ...
  • Financial statement for a financial remedy (other than a financial order or financial relief after an overseas divorce or dissolution etc) in the county or High Court
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... penalties payable under the mortgage, ... state amount ... Estimate the costs of sale of the property ... Total equity in the property (i.e. market ... value less outstanding mortgage(s), ... penalties if any and the costs of sale) ... TOTAL value of your interest in ... ...
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