Trust in UK Law

Leading Cases
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 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. The distinguishing obligation of a fiduciary is the obligation of loyalty.

  • 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.

  • 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.

  • 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.

  • John Robert Charman v Beverley Anne Charman
    • Court of Appeal (Civil Division)
    • 11 Dec 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.

  • Hussey v Palmer
    • Court of Appeal (Civil Division)
    • 22 Jun 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
    • Nbr. 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
    • Nbr. 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
    • Nbr. 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
    • Nbr. 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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