Constructive Trust in UK Law
-
Gissing v Gissing
“
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
“
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
“
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
“
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
“
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
“
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
“
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.
-
Trusts of Land and Appointment of Trustees Act 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
... ... 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
... ... (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
... ... 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 ... ...
-
The creation of express, resulting and constructive trust in banking transactions
Purpose: This paper aims to analyse the circumstances where an express, resulting or constructive trust may arise in banking transactions, taking in consideration relevant case law. Bankers in cert...
-
Marr v Collie: The Ballooning of the Common Intention Constructive Trust
The decision in Marr v Collie represents a significant expansion of the common intention constructive trust doctrine. Unsupported by authority, it relaxes the requirement that the property be acqui...
- Jointly Owned Assets and Assets Held on Constructive Trust
-
Buckland v Bournemouth University Higher Education Corp: Statutory Constructive Dismissal and the Implied Term of Mutual Trust and Confidence
The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law...
- To Rely Or Not To Rely On A Common-intention Constructive Trust: An Instance Of The Application Of S. 53(1)(c) Of The Law Of Property Act 1925
-
When is suspending an employee a breach of trust and confidence?
Suspension can be a very useful tool for employers. However, in certain circumstances it can amount to a breach of trust and confidence, which would then allow the suspended employee to resign and ...... ... circumstances it can amount to a breach of trust and confidence, which would then allow the suspended employee to resign and claim constructive unfair dismissal. The recent case of Harrison v. Barking, Havering & Redbridge University Hospitals NHS Trust (the Trust) has served as a useful ... ...
-
Constructive Trusts: The Lurking Danger
... ... in money laundering, tipping-off offences, and not least the threat ... posed by the civil law concept of constructive trust. A ... constructive trust claim could cost the bank a substantial amount ... of money and, unlike the system for criminal fines under POCA, ... there ... ...
-
A Lidl More Certainty In Commercial Negotiations
... ... In such circumstances, a constructive trust may arise ... This was the case in the Banner Homes Holdings Ltd ... ...