Cowcher v Cowcher

JurisdictionEngland & Wales
CourtFamily Division
Date1972
Year1972

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71 cases
  • Logan (David) v Hyacinth Vivienne Logan
    • Jamaica
    • Court of Appeal (Jamaica)
    • 25 October 2001
    ...to deal with the matter under section 16 of the Married Women's Property Act. Reliance is placed on Petit v Petit (1969) 2 WLR 966. Cowcher v Cowcher (1972) 1 All ER 943 and Ramjohn v Mary Ramjohn (1973) 22 WIR 498. 3. Ownership of shares in a company does not entitle the shareholder to ......
  • Densham (A Bankrupt), Re, ex parte Trustee of the Property of the Bankrupt v The Bankrupt
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... 1524H–1525A , E ) ... Gissing v. Gissing [ 1971 ] A.C. 886 , H.L.(E.) applied ... Cowcher v. Cowcher [ 1972 ] 1 W.L.R. 425 not followed ... (2) That since the wife's share in the purchase was in any event less than half, the ... ...
  • McKenzie (Marguerite) and Anthony McKenzie
    • Jamaica
    • Supreme Court (Jamaica)
    • 15 February 2007
    ...Commentaries on Equity Jurisprudence by Justice Story, 1920 (3 rd English Ed) p 13 citing Selden's Table Talk). 11 8. Bagnall J. in Cowcher v Cowcher [1972] 1 All ER 943, 948 d–e observed, in less picturesque language but equally to the point: In any individual case the application of thes......
  • Yeo Guan Chye Terence and another v Lau Siew Kim
    • Singapore
    • Court of Appeal (Singapore)
    • 30 November 2007
    ...concern to avoid uncertainty, on the other hand, is clearly exemplified by observations such as those of Bagnall J in Cowcher v Cowcher [1972] 1 WLR 425 (“Cowcher”). These observations were made in relation to the application of the reinvented constructive trust as a powerful proprietary re......
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4 books & journal articles
  • Filling the Gaps Between Colonial Legal Heritage and Prevailing Local Customs in Family Relations: the Place of Secret Trust
    • United Kingdom
    • Edinburgh University Press African Journal of International and Comparative Law No. , February 2016
    • 1 February 2016
    ...v Oxfordshire County Council and another, exparte Sunningwell Parish Council (1993) 3 All ER. 385, 399; See further Cowcher v Cowcher [1972] 1 W.L.R. 425,430; [1972] 1 All E.R. 943 (Fam. Division) where Bagnall J., made his now famous statement: in any individual case the application of the......
  • UNCERTAINTY IN PRIVATE LAW: RHETORICAL DEVICE OR SUBSTANTIVE LEGAL ARGUMENT?
    • Australia
    • Melbourne University Law Review Vol. 45 No. 1, August 2021
    • 1 August 2021
    ...Modern Law: An Exercise in Taxonomy' (1996) 26(1) University of Western Australia Law Review 1, 97 ('Equity in the Modern Law'). (35) [1972] 1 WLR 425, (36) Birks, 'Equity in the Modern Law' (n 34) 23. See also Peter Birks, 'Annual Miegunyah Lecture: Equity, Conscience, and Unjust Enrichmen......
  • Equity and Trusts
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...to the blind acceptance of inflexible hard and fast rules’ (at [28]). Reiterating Bagnall J”s iconic statement in Cowcher v Cowcher[1972] 1 WLR 425 at 430 that ‘[t]his does not mean that equity is past childbearing; simply that its progeny must be legitimate — by precedent out of principle’......
  • Equity and Trusts
    • Singapore
    • Singapore Academy of Law Annual Review No. 2017, December 2017
    • 1 December 2017
    ...[2017] 5 SLR 529 at [15]. 26 [2016] 3 SLR 1222. 27 Tan Yok Koon v Tan Choo Suan [2017] 1 SLR 654 at [142]. 28 [2008] 2 SLR(R) 108. 29 [1972] 1 WLR 425. 30 Cowcher v Cowcher [1972] 1 WLR 425 at 431. 31 Su Emmanuel v Emmanuel Priya Ethel Anne [2016] 3 SLR 1222 at [105]. 32 See, eg, Laskar v L......