Equity and Trust in UK Law

Leading Cases
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 June 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 April 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.

  • Gissing v Gissing
    • House of Lords
    • 07 July 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.

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

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

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 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.

  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 July 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 July 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.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 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 1833
    • UK Non-devolved
    • January 01, 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
    • January 01, 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 ... ...
  • Trustee Act 1925
    • UK Non-devolved
    • January 01, 1925
    ... ... 1 Authorised investments ... (1) A trustee may invest any trust funds in ... his hands, whether at the time in a state of investment ... month may, notwithstanding any rule of law or equity ... to the contrary, by power of attorney, delegate to any ... person ... ...
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Books & Journal Articles
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Law Firm Commentaries
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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.
    ... ... above named person lacks capacity in relation to the trust, to sell any land or property to the whole of ... any part of which the rson is absolutely entitled in equity at such fair and reasonable price as can be ... obtained through a sale on ... ...
  • 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.
    ... ... mortgage or other legal charge ... (e.g. equity release) ... If the property is not owned solely by the person to whom the ... ...
  • 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.
    ... ... Estimate the costs of sale of the property ... Total equity in the property (i.e. market ... value less outstanding mortgage(s), ... • Trust interests (including interests under a discretionary trust), stating your ... ...
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