Constructive Trust in UK Law

Leading Cases
  • Gissing v Gissing
    • House of Lords
    • 07 Julio 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 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.

  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 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.

  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996

    But the proprietary interest which equity is enforcing in such circumstances arises under a constructive, not a resulting, trust. 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.

  • Herbert v Doyle and Another
    • Court of Appeal (Civil Division)
    • 13 Octubre 2010

    Applying what Lord Walker said in relation to proprietary estoppel also to constructive trust, that common thread is that, if the parties intend to make a formal agreement setting out the terms on which one or more of the parties is to acquire an interest in property, or, if further terms for that acquisition remain to be agreed between them so that the interest in property is not clearly identified, or if the parties did not expect their agreement to be immediately binding, neither party can rely on constructive trust as a means of enforcing their original agreement.

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

  • Williams v Central Bank of Nigeria
    • Supreme Court
    • 19 Febrero 2014

    It comprises persons who never assumed and never intended to assume the status of a trustee, whether formally or informally, but have exposed themselves to equitable remedies by virtue of their participation in the unlawful misapplication of trust assets. In either case, they may be required by equity to account as if they were trustees or fiduciaries, although they are not.

See all results
Legislation
  • Trusts of Land and Appointment of Trustees Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ... ... the law about the appointment and retirement of trustees of any trust; and for connected purposes.[24th July 1996] ... Be it enacted by the ... description of trust (whether express, implied, resulting or constructive) , including a trust for sale and a bare trust, and(b) includes a trust ... ...
  • Trustee Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ... ... 1 Authorised investments ... (1) A trustee may invest any trust funds in ... his hands, whether at the time in a state of investment ... an express, implied or constructive trust; ... the High Court and the Judge or Master in Lunacy shall, in ... ...
  • Settled Land Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ... ... (i) limited in trust for any persons by way of ... succession; or ... (ii) limited in trust ... constructive trust; ... (xiii) ‘Lunatic’ includes a lunatic whether so found ... ...
  • Trustee Act 1850
    • UK Non-devolved
    • 1 de Enero de 1850
    ... ... for the Time being: ... The Word ‘Trust’ shall not mean the Duties incident to an Estate conveyed by way of ... ’ and ‘Trustee’ shall extend to and include implied and constructive Trusts, and shall extend to and include Cases where the Trustee has some ... ...
See all results
Books & Journal Articles
See all results
Law Firm Commentaries
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT