Beneficial Interest in UK Law

Leading Cases
  • 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.

  • 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.

  • Goodman v Gallant
    • Court of Appeal (Civil Division)
    • 30 Oct 1985

    In a case where the legal estate in property is conveyed to two or more persons as joint tenants, but neither the conveyance nor any other written document contains any express declaration of trust concerning the beneficial interests in the property (as would be required for an express declaration of this nature by virtue of section 53(1)(b) of the Law of Property Act 1925), the way is open for persons claiming a beneficial interest in it or its proceeds of sale to rely on the doctrine of "resulting, implied or constructive trusts": (see section 53(2) of the Law of Property Act 1925).

  • Midland Bank v Cooke and Another
    • Court of Appeal (Civil Division)
    • 07 Jul 1995

    When the court is proceeding, in cases like the present where the partner without legal title has successfully asserted an equitable interest through direct contribution, to determine (in the absence of express evidence of intention) what proportions the parties must be assumed to have intended for their beneficial ownership, the duty of the judge is to undertake a survey of the whole course of dealing between the parties relevant to their ownership and occupation of the property and their sharing of its burdens and advantages.

  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 May 2004

    It must now be accepted that (at least in this Court and below) the answer is that each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to the property. includes the arrangements which they make from time to time in order to meet the outgoings (for example, mortgage contributions, council tax and utilities, repairs, insurance and housekeeping) which have to be met if they are to live in the property as their home.

  • Stack v Dowden
    • House of Lords
    • 25 Abr 2007

    Just as the starting point where there is sole legal ownership is sole beneficial ownership, the starting point where there is joint legal ownership is joint beneficial ownership. The onus is upon the person seeking to show that the beneficial ownership is different from the legal ownership. So in sole ownership cases it is upon the non-owner to show that he has any interest at all. In joint ownership cases, it is upon the joint owner who claims to have other than a joint beneficial interest.

  • Grant v Edwards and Another
    • Court of Appeal (Civil Division)
    • 24 Mar 1986

    This requires two matters to be demonstrated: (a) That there was a common intention that both should have a beneficial interest; AND (b) That the claimant has acted to his or her detriment on the basis of that common intention.

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Legislation
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Books & Journal Articles
  • Overreaching In Registered Land Law
    • Núm. 69-2, Marzo 2006
    • The Modern Law Review
    Beneficial interests under a trust were not intended to be overriding interests under section 70(1)(g) of the Land Registration Act 1925. The position was altered by Williams & Glyn's Bank Ltd ...
    ...... In R egistered Land La w Nico la Jackson n Bene¢cial interests under a tr ust were not intended to be overriding interests under ......
  • Knowledge management needs security too
    • Núm. 36-1, Enero 2006
    • VINE
    • 45-48
    Purpose: This paper proposes that research should be conducted in how to manage the tension between the conflicts of interest between knowledge sharing and knowledge protection. Design/methodology...
    ...... conducted in how to manage the tensionbetween the conflicts of interest between knowledge sharing and knowledge ......
  • Influence, affluence and media salience: Economic resources and lobbying influence in the European Union
    • Núm. 21-4, Diciembre 2020
    • European Union Politics
    This paper evaluates the circumstances under which affluent interest groups wield influence over policy outcomes. Interest group scholarship is ambiguous about the beneficial role of economic resou...
    ...... paper evaluates the circumstances under which affluent interest groups wield influ- olarship is ambiguous about the beneficial ......
  • Collaborative information seeking environments benefiting from holistic ergonomics
    • Núm. 33-3, Septiembre 2015
    • Library Hi Tech
    • 439-459
    Purpose: – The purpose of this paper is to explore the value of utilising a holistic ergonomic approach, covering engineering, cognitive and social perspectives, to cultivate beneficial and product...
    ...... engineering, cognitive and social perspectives, to cultivate beneficial and productivecollaborative information seeking (CIS) systems and ... further research.Practical implications –Intended to instigate interest in further exploration of the beneficial andproductive implications and ......
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Law Firm Commentaries
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