Equity and Trust in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 1996

    A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty.

  • Target Holdings Ltd v Redferns
    • House of Lords
    • 20 Julio 1995

    In such a case the basic rule is that a trustee in breach of trust must restore or pay to the trust estate either the assets which have been lost to the estate by reason of the breach or compensation for such loss.

  • 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.

  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970

    A resulting, implied or constructive trust—and it is unnecessary for present purposes to distinguish between these three classes of trust—is created by a transaction between the trustee and the cestui qui trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui qui trust a beneficial interest in the land acquired.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 1990

    The first and fundamental question which must always be resolved is whether, independently of any inference to be drawn from the conduct of the parties in the course of sharing the house as their home and managing their joint affairs, there has at any time prior to acquisition, or exceptionally at some later date, been any agreement, arrangement or understanding reached between them that the property is to be shared beneficially.

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 Mayo 1975

    The "legal ownership" of the trust property is in the trustee, but he holds it not for his own benefit but for the benefit of the cestui que trustent or beneficiaries. Upon the creation of a trust in the strict sense as it was developed by equity the full ownership in the trust property was split into two constituent elements, which became vested in different persons: the "legal ownership" in the trustee, what came to be called the "beneficial ownership" in the cestui que trust.

  • Hussey v Palmer
    • Court of Appeal (Civil Division)
    • 22 Junio 1972

    By whatever name it is described, it is a trust imposed by law whenever justice and good conscience require it. It is a liberal process, founded upon large principles of equity, to be applied in oases where the defendant cannot conscientiously keep the property for himself alone, but ought to allow another to have the property or a share in it. The trust may arise at the outset when the property is acquired, or later on, as the circumstances may require.

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Legislation
  • Finance Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
  • Real Property Limitation Act 1833
    • UK Non-devolved
    • 1 de Enero de 1833
    ...... to have determined: Provided always, that no Mortgagor or Cestuique Trust shall be deemed to be a Tenant at Will, within the Meaning of this Clause, ...S-XXIV . Limitation as to Suits in Equity. XXIV Limitation as to Suits in Equity. . XXIV. And be it further ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... is to be taken as prejudicing the operation of any rule of law or equity relating to a liquidator's dealings with trust property, or the fiduciary ......
  • Real Property Limitation Act 1874
    • UK Non-devolved
    • 1 de Enero de 1874
    ...... charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twelve years next after a present right to ... of any land or rent, at law or in equity, and secured by an express trust, or to recover any arrears of rent or of interest in respect of any sum of ......
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Books & Journal Articles
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Forms
  • Chapter IEIM404750
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... IEIM404750: Charities: Financial Account: Debt or Equity Interest in a Trust.  . Many charities are set up as trusts or similar ......
  • Chapter IEIM404770
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . IEIM404770: Charities: Debt or Equity Interest in an Unincorporated Association.  . Charities that are set up ... as trusts, see IEIM404750 for details of the equity interests in a trust or other arrangement.  . If a trust or other entity has been established ......
  • Chapter IEIM401700
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . Financial Accounts: Equity and Debt Interests. Equity and debt interests are financial accounts only ...In the case of a trust an equity interest is any interest held by a person who is treated as a ......
  • Chapter IEIM404840
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... section of the guidance will only apply where a charity had debt or equity interests in existence at 31 December 2015, immediately before the CRS ... a charitable company has debt or equity interest holders, or where a trust, foundation or similar arrangement has existing grants with ongoing ......
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