Equity and Trust in UK Law
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Bristol and West Building Society v Mothew
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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.
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Target Holdings Ltd v Redferns
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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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Westdeutsche Landesbank Girozentrale v Islington London Borough Council
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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.
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Gissing v Gissing
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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.
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Lloyds Bank Plc v Rosset and Others
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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.
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Gillett v Holt
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Both sides are agreed on that, and in the course of the oral argument in this court it repeatedly became apparent that the quality of the relevant assurances may influence the issue of reliance, that reliance and detriment are often intertwined, and that whether there is a distinct need for a 'mutual understanding' may depend on how the other elements are formulated and understood.
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Ayerst v C. & K. (Construction) Ltd
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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.
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Finance Act 2018
...... of sub-paragraph (2) of that paragraph),(d) a shared ownership trust is declared but no election is made for tax to be charged in accordance th paragraph 9, or(e) an equity-acquisition payment is made under a shared ownership trust (but the ......
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Real Property Limitation Act 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 ......
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The Insolvency (England and Wales) Rules 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 ......
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Real Property Limitation Act 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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Does brand trust matter to brand equity?
Purpose: The most recent literature on competitive advantage views brand equity as a relational market‐based asset because it arises from the relationships that consumers have with brands. Given th...
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Explicating industrial brand equity. Integrating brand trust, brand performance and industrial brand image
Purpose: – The purpose of this paper is to explore brand equity from multiple perspectives (tangible and intangible) and their joint consequences, namely, on industrial buyers’ brand loyalty and th...
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Implications of Financial Capitalism for Employment Relations Research: Evidence from Breach of Trust and Implicit Contracts in Private Equity Buyouts
An increasing share of the economy is organized around financial capitalism, where capital market actors actively manage their claims on wealth creation and distribution to maximize shareholder val...
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Equity and relationship quality influences on organizational citizenship behaviors. The mediating role of trust in the supervisor and empowerment
Purpose: To develop and test an expanded social exchange model of organizational citizenship behavior (OCB) that includes characteristics of the social context (i.e. perceived fairness and leader‐m...
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Chapter IEIM404750
...... IEIM404750: Charities: Financial Account: Debt or Equity Interest in a Trust. . Many charities are set up as trusts or similar ......
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Chapter IEIM404770
.... . . 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 ......
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Chapter IEIM401700
.... . . 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 ......
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Chapter IEIM404840
...... 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 ......