Ogilvie v Littleboy
| Jurisdiction | England & Wales |
| Date | 1897 |
| Year | 1897 |
| Court | Court of Appeal |
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48 cases
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Pitt and another v Holt and another; Futter and another v Futter and Others
...page 400. He dismissed the action. In turn the Court of Appeal and the House of Lords dismissed Mrs Ogilvie's appeals; the reports are Ogilvie v Littleboy (1897) 13 TLR 399 and Ogilvie v Allen (1899) 15 TLR 294 . Lindley LJ, giving the judgment of the court, said at 13 TLR 400 : "Gi......
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Philip Anton Van Der Merwe v Deborah Lynne Goldman and Another
...acted under some mistake of so serious a character as to render it unjust on the part of the donee to retain the gift: [101], quoting Ogilvie v Littleboy (1897) 13 TLR 399 at 400; (2) a mistake is to be distinguished from mere inadvertence or misprediction: [104]; (3) forgetfulness, inadver......
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Brazzill and Others v Willoughby and Others
...mistaken, he would not have made the gifts. 85 Lewison J held the relevant principle of law to be as set out by the Court of Appeal in Ogilvie v Littleboy (1897) 13 TLR 399 (upheld in the House of Lords as Ogilvie v Allen (1899) 15 TLR 294), namely that: "Where there is no fraud, no undue i......
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Roadchef (Employee Benefits Trustees) Ltd v Timothy Ingram Hill and Another
...nature of the transaction or as to some matter of fact or law basic to it: see at [122]. 134 The Supreme Court applied the test in Ogilvie v. Littleboy 13 TLR 399 at 400 where Lindley J said, "…a donor can only obtain back property which he has given away by showing that he was under some ......
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1 firm's commentaries
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The Law Of Mistake: In B -v- C, D And E In The Matter Of The A Trust [2009] JRC 245
...a review was carried out of the English Law of Mistake. In particular significant reference was made to the case of Ogilvie v Littleboy (1897) 13 TLR 399 in the Court of Appeal, a case which was not referred to in Gibbon v Mitchell. This case set out that to have the property returned to hi......
2 books & journal articles
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Trust Parties’ Uniquely Easy Access to Rescission: Analysis, Critique and Reform
...A. Cloherty, ‘Playing the “Get Out of JailFree” Card: Mistake in the Law of Trusts’ (2010) 14 Jersey and Guernsey Law Review 1, 21.17 (1897) 13 TLR 399, 400.18 [1990] 1 WLR 1304, 1309; and see Ashdown, n 7 above, 184–185. Writing extra-judicially,Lord Millett opined that to be set aside in ......
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Equity and Trusts
...regard, the relevant test to rescind a gift is the serious mistake test as articulated as follows by Lindley LJ in Ogilvie v Littleboy[1897] 13 TLR 399 at 400: In the absence of all circumstances of suspicion a donor can only obtain back property which he has given away by showing that he w......