Proprietary Interest in UK Law
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Lloyds Bank Plc v Rosset and Others
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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.
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Foskett v McKeown
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It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim.
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Westdeutsche Landesbank Girozentrale v Islington London Borough Council
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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.
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Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
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However, there is a consistent line of reasoned decisions of this court (two of which were decided within the last ten years) stretching back into the late 19 th century, and one decision of the House of Lords 150 years ago, which appear to establish that a beneficiary of a fiduciary's duties cannot claim a proprietary interest, but is entitled to an equitable account, in respect of any money or asset acquired by a fiduciary in breach of his duties to the beneficiary, unless the asset or money is or has been beneficially the property of the beneficiary or the trustee acquired the asset or money by taking advantage of an opportunity or right which was properly that of the beneficiary.
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Albazero, The (Albacruz)
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The only way in which I find it possible to rationalise the rule in Dunlop v. Lambert so that it may fit into the pattern of the English law is to treat it as an application of the principle, accepted also in relation to policies of insurance upon goods, that in a commercial contract concerning goods where it is in the contemplation of the parties that the proprietary interests in the goods may be transferred from one owner to another after the contract has been entered into and before the breach which causes loss or damage to the goods, an original party to the contract, if such be the intention of them both, is to be treated in law as having entered into the contract for the benefit of all persons who have or may acquire an interest in the goods before they are lost or damaged, and is entitled to recover by way of damages for breach of contract the actual loss sustained by those for whose benefit the contract is entered into.
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Gissing v Gissing
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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.
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Napier and Ettrick (Lord) v Hunter
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I do not think that the proprietary interest in the damages necessarily postulates a pre-existing proprietary interest in the cause of action. The contrary view could be reached by an argument along the following lines. Any equitable proprietary right must be based on the contract between the insurers and the assured. But there are plainly factors pointing the other way and since the question was not fully argued I prefer to express no view on the point.
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Powers of Attorney Act 1971
... ... is expressed to be irrevocable and is given to secure—(a) a proprietary interest of the donee of the power; or(b) the performance of an obligation ... ...
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War Damage Act 1941
... ... Payments. Nature, amount and provisions for securing the pubic interest ... Payments. Nature, amount and provisions for securing the pubic ... of proprietary interests in the hereditament and of any ... mortgagee of any such ... ...
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Copyright, Designs and Patents Act 1988
... ... If an article of cultural or historical importance or interest cannot lawfully be exported from the United Kingdom unless a copy of it is ... been granted for an invention any person having or claiming a proprietary" interest in or under the patent may refer to the comptroller the question\xE2\x80" ... ...
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Torts (Interference with Goods) Act 1977
... ... (c) negligence so far at it results in damage to goods or to an interest in goods ... (d) subject to section 2, any other tort so far as it ... of damages in an action for wrongful interference founded on a proprietary title is or includes the entire value of the goods, although the interest ... ...
- The Nuisance of the Proprietary Interest Lord Cooke's Dissent in Hunter v Canary Wharf Ltd [1997] AC 655
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Beyond Electocracy: Rethinking the Political Representative as Powerful Stranger
This year's Chorley lecture examines certain theoretical and practical questions concerning political representation in constitutional democracies and advances three claims. (1) That electocracy (r...... ... cracy reinfor ce the idea tha t the represen- tativ e has a proprietary or owne rship interest in their position. Elected o⁄cials learn to trea ... ...
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Anti-money laundering law: a new legal regime to combat financial crime in Malaysia?
Purpose: Before the enactment of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA), the fight against financial crime can be found in several statutes such as the Penal Code...... ... third parties who could lose their money or any other proprietary interest due to the invocationof the forfeiture order.Originality/value ... ...
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Pricing commercial mortgage‐backed securities
This paper presents the first known non‐proprietary empirical examination of the relationship between Commercial Mortgage Backed Security (CMBS) pricing. CMBS prices are examined as a function of t...... ... , PricingAbstract This paper presents the first known non-proprietary empirical examination of therelationship between Commercial Mortgage ... of the default option, the age of the security, theinterest rate, interest rate volatility, property price volatility, amortization features and ... ...
- Proprietary Estoppel: Quantifying An Interest
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Post-termination restrictions in a nutshell – to what extent will they protect your global business?
United Kingdom In the UK, a contractual term restricting an employee’s activities after termination of employment will be void for being in restraint of trade and contrary to public policy, unless ...... ... , unless the employer can show that: It has a legitimate proprietary interest that the term protects The scope and duration of the protection ... ...
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Third party debt orders and letters of credit
The Supreme Court decided that the legal ‘location’ (situs) of a debt due under a letter of credit is the place of residence of the debtor, not where the debt is due to be paid. The decision opens ...... ... a third party debt order despite a pre-existing contractual interest of a fourth party that the debt would be paid into an account of that th party. Only proprietary interests of fourth parties are sufficient reason not to grant a third ... ...
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Subrogation Rights: No Absolution On Dissolution
... ... amount to a sufficient proprietary interest to enable the insurer to get a ... vesting order enabling the ... ...
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Application for a Certificate of the Tribunal - Rights of Light Act 1959
Lands Chamber (Upper Tribunal) forms including appeals forms.... ... all persons in occupation of the dominant building or having a proprietary interest in it. Attach separate sheet if necessary) ... ... ...