Trust in UK Law

Leading Cases
  • 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.

  • 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.

  • 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.

  • 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.

  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 May 1975

    It is no misuse of language to describe the property as being held by the trustee on a statutory trust if the qualifying adjective "statutory" is understood as indicating that the trust does not bear all the indicia which characterise a trust as it was recognised by the Court of Chancery apart from statute.

  • 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.

  • Hussey v Palmer
    • Court of Appeal (Civil Division)
    • 22 June 1972

    By whatever name it is described, it is a trust imposed by law whenever justice and good conscience require it. It is a liberal process, founded upon large principles of equity, to be applied in oases where the defendant cannot conscientiously keep the property for himself alone, but ought to allow another to have the property or a share in it. It is an equitable remedy by which the Court can enable an aggrieved party to obtain restitution.

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Legislation
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Books & Journal Articles
  • Regaining trust
    • No. 20-1, January 2014
    • International Review of Victimology
    Crimes against humanity involve not only a willing offender but often collaboration by government authorities as well. Besides threatening victims’ faith in others, their faith in government and so...
  • Trust within organisations
    • No. 32-5, October 2003
    • Personnel Review
    • 556-568
    It has been recognised that there is importance of trust within organisations. There is also a recognised theme that trust must move beyond rational or calculative trust to various forms of social ...
  • Auto-Immunity of Trust Without Trust
    • No. 6-2, October 2010
    • Journal of International Political Theory
    Trust has been widely investigated both theoretically and empirically. Whether thought of as the result of a calculation of costs/benefits, a shared identity, or a leap of faith, there always seems...
  • Measuring trust inside organisations
    • No. 35-5, September 2006
    • Personnel Review
    • 557-588
    Purpose: The purpose of this paper is to examine the extent to which measures and operationalisations of intra‐organisational trust reflect the essential elements of the existing conceptualisation ...
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Law Firm Commentaries
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Forms
  • sale of jointly owned property (COP GN2)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... supported by an official copy of the entries at ... HM Land Registry. If the land is not registered a ... copy of the conveyance or other trust instrument ... showing who has legal title must be filed ... • Where a trustee has made an enduring, or lasting ... power of attorney a copy ... ...
  • Notice of Claim to non-parties
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... (2)   You are or may be one of the persons who are interested in the [property] [trust property] to which the proceedings relate ... (3)   You may within 14 days after service of this notice acknowledge service of the claim form ... ...
  • guide)
    • HM Courts & Tribunals Service court and tribunal forms
    Mental Health Tribunal forms including application and pre-hearing examination forms.
    ... ... EasyRead guide developed by Dr Indermeet Sawhney, Hertfordshire Partnership University NHS Foundation Trust with input from Dr ... Joan Rutherford, Chief Medical Member - Mental Health Tribunal and Dr Ken Courtenay, Chair, Faculty of Psychiatry of ... ...
  • Apply to make decisions on someone's behalf (appoint or discharge a trustee)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... of attorney for property and financial affairs made by the person who lacks capacity (where the ... application does not relate to a trust of land) ... written consent of your co-deputy or co-attorney ... details confirming you have notified your co-deputy or co-attorney about this ... ...
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