Trust in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal
    • 24 Jul 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. A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal.

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

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

    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.

  • 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.

  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council [QBD (Comm)]
    • House of Lords
    • 07 Jun 1996,07 Jun 1996

    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. Thus, an infant who has obtained property by fraud is bound in equity to restore it: Stocks v. Wilson [1913] 2 K.B. 235. 244; R. Leslie Ltd. v. Shiell [1914] 3 K.B. 607.

  • John Robert Charman v Beverley Anne Charman
    • Court of Appeal
    • 11 Dic 2006

    Superficially the question is easily framed as being whether the trust is a financial "resource" of the husband for the purpose of s. 25(2) (a) of the Matrimonial Causes Act 1973, "the Act of 1973". In my view, when properly focussed, that central question is simply whether, if the husband were to request it to advance the whole (or part) of the capital of the trust to him, the trustee would be likely to do so.

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Books & Journal Articles
  • Trust within organisations
    • Núm. 32-5, Octubre 2003
    • Personnel Review
    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 ...
  • Measuring trust inside organisations
    • Núm. 35-5, Septiembre 2006
    • Personnel Review
    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 ...
  • Introduction: trust within organisations
    • Núm. 32-5, Octubre 2003
    • Personnel Review
    Introduces six empirical studies on trust within organisations which were originally presented at a workshop on “Trust within and between organisations”, organised by the European Institute for Adv...
  • The Ann Craft Trust
    • Núm. 2-1, Febrero 2000
    • The Journal of Adult Protection
    As part of the Journal's series of profiles of UK organisations working in the field of vulnerable adults and adult abuse the work of the Ann Craft Trust (formerly NAPSAC) is outlined by it's Direc...
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Law Firm Commentaries
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