Constructive Trust in UK Law

  • Yaxley v Gotts and another
    • Court of Appeal (Civil Division)
    • 24 Junio 1999
    ... ... affects the creation or operation of resulting, implied or constructive trusts. (8) Section 40 of the Law of Property Act 1925 (which is ... with Mr Allston's reliance, if necessary, on a constructive trust ... 6 The facts and the issues on the appeal ... 7 Although there is ... ...
  • James v Williams
    • Court of Appeal (Civil Division)
    • 08 Marzo 1999
    ... ... Estates Act 1925, her residuary estate was to be held on statutory trust for her three adult children. Again, no attempt was made by anyone to take ... Conveyancer in 1974, contended that this was a case where a constructive trust arose with the result that William Junior held the property as ... ...
  • Stack v Dowden
    • House of Lords
    • 25 Abril 2007
    ... ... it makes sense to start from the position that there is a resulting trust according to how much each party contributed. Then there is the question hether the trust is truly a constructive trust. This may be helpful in their case but in others may seem to be a ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... Brougham [1914] A.C. 398 , it has come to be understood that a trust may be imposed in cases such as the present where the incapacity of one of ... ; and since certain equitable institutions, notably the constructive trust and the resulting trust, have been perceived to have the function of ... ...
  • Rolled Steel Products (Holdings) Ltd v British Steel Corporation
    • Court of Appeal (Civil Division)
    • 11 Junio 1984
    ... ... was "that the trustees, whose only concern can be their own trust fund must somehow be properly compensated for an otherwise unwarrantable ... and Mr. Cooper, having received the moneys with actual or constructive knowledge of this breach, took them as constructive trustees. I will call ... ...
  • FHR European Ventures LLP and Others v Mankarious and Others
    • Court of Appeal (Civil Division)
    • 29 Enero 2013
    ... ... ; and that if it did, it would hold the sum subject to a Constructive Trust…" ... 8 On the facts he held that ... ...
  • Mountney v Treharne
    • Court of Appeal (Civil Division)
    • 08 Agosto 2002
    ... ... to – (a) property held by the bankrupt on trust for any other person, or (b) …. (4) ... not affect the creation or operation of resulting, implied or constructive trusts. 54 Creation of interests in land by parol (1) ... ...
  • Lloyds Bank Plc v Rosset and Others
    • House of Lords
    • 08 Mayo 1990
    ... ... property, to a beneficial interest in the property under a constructive trust which qualified as an overriding interest under section 70(1)( g ) ... ...
  • Yeoman's Row Management Ltd and another v Cobbe
    • House of Lords
    • 30 Julio 2008
    ... ... (ii) Second, there is constructive trust. In circumstances such as those described, equity can, it is ... ...
  • Oxley v Hiscock
    • Court of Appeal (Civil Division)
    • 06 Mayo 2004
    ... ... to such a beneficial interest —should be quantified on a resulting trust basis, that is to say by reference to their respective financial ... , to my mind, provides the foundation for Mrs Oxley's claim in constructive trust or proprietary estoppel; and which distinguishes that claim from one ... ...
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