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 [QBD (Comm)]
    • 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.

  • Gillett v Holt
    • Court of Appeal (Civil Division)
    • 08 Marzo 2000

    Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.

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Legislation
  • 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 ......
  • 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 ... charges and arrears of interest not to be enlarged by express trusts for raising same.10 Time for recovering charges and arrears of interest ......
  • Municipal Corporations (Ireland) Act 1840
    • UK Non-devolved
    • 1 de Enero de 1840
    ...... or possessed, in whole or in part, for any charitable Uses or Trusts, as fully and effectually and for such Time and in such Manner as he or ...; and all the Estate, Right, Interest, and Title, at Law and in Equity, of and in such Trust. Estates, Hereditaments, and Premises shall ......
  • Trustee Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ....... (1) A trustee intending to remain out of. the United Kingdom for a period exceeding one. month may, notwithstanding any rule of law or equity. to the contrary, by power of attorney, delegate to any. person (including a trust corporation) the execution or. exercise during his absence from ......
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Books & Journal Articles
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