Beneficial Ownership in UK Law

  • Stack v Dowden
    • House of Lords
    • 25 April 2007
    ......The legislation which enables the court to reallocate beneficial interests in the home and other assets following a divorce does not apply ..., English law has always distinguished between legal ownership in land and its beneficial ownership. The trusts under which the land is ......
  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 May 1975
    ...... effect of the winding-up order is to divest the company of the "beneficial ownership" of its assets within the meaning of that expression as it is ......
  • Jones v Kernott
    • Supreme Court
    • 09 November 2011
    ...... case, like this, was concerned with the determination of the beneficial interests in a house acquired in joint names by an unmarried couple who ..." (2007) 123 LQR 511 ; Dixon, "The Never-Ending Story – Co-Ownership After Stack v Dowden " [2007] Conv 456 ). But counsel have not argued ......
  • Prest v Petrodel Resources Ltd
    • Supreme Court
    • 12 June 2013
    ...... of assets." However, he found that the husband was the sole beneficial owner and the controller of the companies, and doing the best that he ... of disclosure in litigation, simply by virtue of the latter's ownership and control of the group. These principles are the starting point for the ......
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 May 2004
    ...... For his part, Mr Hiscock contends that the parties' respective beneficial interest in the Hartley property —and he acknowledges that Mrs Oxley is ... 395, where Steyn LJ emphasised that an inferred intention as to ownership would have to be communicated at the time of the acquisition of the ......
  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 May 1990
    ...... date when her husband contracted to purchase the property, to a beneficial interest in the property under a constructive trust which qualified as an ... difficulty in establishing her claim to joint benficial ownership. The claim as pleaded and as presented in evidence was, by necessary ......
  • Gissing v Gissing
    • House of Lords
    • 07 July 1970
    ...... out such an understanding will give the wife a share or beneficial interest in the house. If either of them gives a thought to the matter he ... and no agreement or understanding as to sharing in the ownership of the house and the husband has never evinced an intention that his wife ......
  • Pettitt v Pettitt
    • House of Lords
    • 23 April 1969
    ...... : And it is hereby Declared , That the Respondent has no beneficial interest in the proceeds of the sale of Tinkers Cottage, Collington Lane ... that the status of marriage was to result in any common ownership or co-ownership of property. All this, in my view, negatives any idea that ......
  • Tinsley v Milligan
    • Court of Appeal (Civil Division)
    • 30 July 1991
    ......This time we are concerned with the beneficial ownership of a house. Two people own a house in equal shares. They agree ......
  • Twinsectra Ltd v Yardley
    • House of Lords
    • 21 March 2002
    ......This prevents the borrower from obtaining any beneficial interest in the money, at least while the designated purpose is still ...If there is any content to beneficial ownership at all, the lender is the beneficial owner and the borrower is not. . ......
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