Equity and Trust in UK Law

  • R v Galbraith
    • Court of Appeal (Criminal Division)
    • 19 Mayo 1981
  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970
    ....... . 5 I agree that this depends on the law of trust rather than on the law of contract, so the question is under what ...I think that the high sounding brocard "Equality is equity" has been misused. There will of course be cases where a half share is a ......
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ...... by the Council to the use of the Bank, or as money which in equity the Bank was entitled to trace into the hands of the Council and have ...Brougham [1914] A.C. 398 , it has come to be understood that a trust may be imposed in cases such as the present where the incapacity of one of ......
  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007
    ...... it makes sense to start from the position that there is a resulting trust according to how much each party contributed. Then there is the question ... a beneficial interest under a trust of some sort (or, possibly, an equity of some sort under a form of proprietary estoppel—but I shall put that ......
  • Pettitt v Pettitt
    • House of Lords
    • 23 Abril 1969
    ...... Court in personal actions was £50 (but as to jurisdiction in Equity see section 67 of the County Courts Act, 1888) a question (regardless of ... does not expect to find formal contracts or solemn declarations of trust, the question of the beneficial ownership of property used by both in the ......
  • Twinsectra Ltd v Yardley
    • House of Lords
    • 21 Marzo 2002
    ...... issue is whether the monies received by Sims and Roper were held in trust. The judge found that they were not; the Court of Appeal held that they ... between the position in criminal law and the position in equity, do give support to Lord Millett's view. But considering those sentences ......
  • Ramsay (W T) Ltd v Commissioners of Inland Revenue
    • House of Lords
    • 12 Marzo 1981
    ...... to be taxed upon clear words, not upon "intendment" or upon the "equity" of an Act. Any taxing Act of Parliament is to be construed in accordance ... of consideration in the Court of Session in Cleveleys Investment Trust Co. v. I.R.C. 47 T.C. 300 : Aberdeen Construction Group Ltd v. I.R.C. ......
  • Phipps v Boardman
    • House of Lords
    • 03 Noviembre 1966
    ......Consequently she did not take an active part in the affairs of the trust. The other trustees were Mrs. Noble and a Mr. Fox, an accountant. . ...Boardman had stated that, on their valuer's valuation, the equity was worth approximately £250,000 and if the values put forward by Lester ......
  • Paragon Finance Plc v DB Thakerar & Company
    • Court of Appeal (Civil Division)
    • 21 Julio 1998
    ...... order to allege fraud, conspiracy to defraud, fraudulent breach of trust and intentional breach of fiduciary duty and sought orders for further ... had no independent existence apart from the fraud but is rather equity's response to the fraud. They submit that, if such a fact was ever ......
  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 1990
    ......, to a beneficial interest in the property under a constructive trust which qualified as an overriding interest under section 70(1)( g ) of the ... in evidence was, by necessary implication, to an equal share in the equity. But to sustain this it was necessary to show that it was Mr. Rosset's ......
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