Equity in UK Law

  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... He held the money to be recoverable by the Bank either as money had and received 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 repaid out of the Council's assets. He decided that the Bank's right to ... ...
  • Twinsectra Ltd v Yardley
    • House of Lords
    • 21 Marzo 2002
    ... ... in Lord Nicholl's judgment, at p 389 B-C, which appear to draw a distinction between the position in criminal law and the position in equity, do give support to Lord Millett's view. But considering those sentences in the context of the remainder of the paragraph and taking account of other ... ...
  • Tinsley v Milligan
    • House of Lords
    • 24 Junio 1993
    ... ... The fraud perpetrated by them both on the D.S.S. played only a small financial part in the acquisition of the equity in the house which is now in dispute. Secondly, there is no continuing illegality. Late in 1988 the defendant made her peace with the D.S.S. She told ... ...
  • Lloyds Bank Plc v Rosset
    • Court of Appeal (Civil Division)
    • 13 Mayo 1988
    ... ... On this analysis the husband, through whom the wife claimed, never acquired more than an equity of redemption ... 68 Re Connolly was followed by the Privy Council in Security Trust Co. v. Royal Bank of Canada (1976) A.C. 503 ... ...
  • Barlow Clowes International Ltd ((in Liquidation)) and Others v Eurotrust International Ltd (No 2)
    • Privy Council
    • 10 Octubre 2005
    ... ... Notwithstanding that the issue arises in equity law and not in a criminal context, I think that it would be less than just for the law to permit a finding that a defendant had been 'dishonest' in ... ...
  • Foskett v McKeown
    • House of Lords
    • 24 Mayo 2000
    ... ... (The relvance of such a factor is helpfully explained by Professor Hayton, "Equity's Identification Rules," Chapter 1 in P. Birks (ed) Laundering and Tracing (Oxford, 1995), p. 11-12 and Charles Mitchell, Tracing Trust Funds Into ... ...
  • Abdul Ghani El Ajou v Dollar Land Holdings Ltd Factorum NV
    • Court of Appeal (Civil Division)
    • 02 Diciembre 1994
    ... ... 11 Mr Stern asked Mr Ferdman if he could find an investor willing to put up equity finance for the Nine Elms project. Mr Ferdman, who was to receive from DLH an introductory commission of five per cent of the funds obtained, brought ... ...
  • Armstrong DLW GmbH v Winnington Networks Ltd
    • Chancery Division
    • 11 Enero 2012
    ... ... Thirdly, Armstrong brings a personal claim in equity based on Winnington's knowing (or unconscionable) receipt of the EUAs or their traceable proceeds. Structure of this judgment ... ...
  • Independent Trustee Services Ltd v GP Noble Trustees Ltd
    • Court of Appeal (Civil Division)
    • 28 Febrero 2012
    ... ... The Shalson decision is looking at the position of the victim and the creation in the victim of a sufficient equity in property he handed over so as to enable him to trace into other assets. It has nothing to do with the present situation. 62. Even if it ... ...
  • Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC and Others
    • Court of Appeal (Civil Division)
    • 26 Enero 2001
    ... ... Although at law future things in action could not be assigned, equity will give effect to the assignment of a future thing in action (or "expectancy") supported by consideration: see Chitty on Contracts (28 th ed.) ... ...
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