Beneficial Ownership in UK Law

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

  • Grant v Edwards and Another
    • Court of Appeal (Civil Division)
    • 24 Marzo 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.

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

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

    But, in a case where there is no evidence of any discussion between them as to the amount of the share which each was to have – and even in a case where the evidence is that there was no discussion on that point – the question still requires an answer. 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.

  • JSC BTA Bank v Solodchenko and Others
    • Court of Appeal (Civil Division)
    • 14 Diciembre 2010

    This is not, in my view, a partial definition of the preceding words. And it makes it clear that “the Respondent's assets” can include assets held by a foreign trust or a Liechtenstein Anstalt when the defendant retains beneficial ownership or effective control of the asset.

  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 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.

  • Midland Bank v Cooke and Another
    • Court of Appeal (Civil Division)
    • 07 Julio 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.

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Legislation
  • The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ... ... of FSMA;“the FCA” means the Financial Conduct Authority;“beneficial owner”—(a) in the case of a body corporate or partnership, has the ... assessment for that customer, and(ii) relates to the beneficial ownership of the customer, including information which enables the relevant person ... ...
  • Sanctions and Anti-Money Laundering Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... 3(e) ... 50: Reports on progress towards register of beneficial owners of overseas entities ... (1) The Secretary of State must, after ... 51: Public registers of beneficial ownership of companies registered in British Overseas Territories ... (1) For the ... ...
  • Economic Crime (Transparency and Enforcement) Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... 10An Act to set up a register of overseas entities and their beneficial owners and require overseas entities who own land to register in certain ... 32 not in force at Royal Assent, see s. 69 ... Land ownership and transactions ... 33: Land ownership and transactions ... (1) ... ...
  • Finance Act 1938
    • UK Non-devolved
    • 1 de Enero de 1938
    ... ... in a case where the owner is not the beneficial ... owner of the securities and some other person ... (hereafter in this ... references to ownership shall be construed as references ... to beneficial ownership, and the ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
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