Re Brockbank. Ward v Bates

JurisdictionEngland & Wales
Date1948
CourtChancery Division
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47 cases
  • Hongkong Bank Trustee (S'pore) Ltd and Others; Yusof bin Ahmad bin Talib and Others
    • Malaysia
    • High Court (Malaysia)
    • 1 Enero 1989
  • Michael Warren Ingram and Others (Appellants v The Commissioners of Inland Revenue (Respondents
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 Julio 1997
    ...the land to her or to whom she might direct. But he was not bound to comply with other directions which she might give: see Re Brockbank [1948] Ch. 206; Re George Whickelow Ltd. [1954] 1 WLR 5 at p.8. He could not have been compelled to grant the lease, though if he had refused to do so La......
  • Henry George Dickinson v Nal Realisations (Staffordshire) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 Diciembre 2019
    ...George Whichelow Ltd [1954] 1 WLR 5, Upjohn J said at 8 that the decision was “difficult to reconcile” with cases such as Re Brockbank [1948] Ch 206, which were not cited in Butt v Kelson. In Re Brockbank, Vaisey J concluded that even beneficiaries who were between them absolutely entitle......
  • Mansard Mortgages 2007-2 Plc v Beyat Holdings Ltd
    • United Kingdom
    • Chancery Division
    • 13 Diciembre 2021
    ...trust, even if the beneficiaries are unanimous and able to put an end to the trust under the rule in Saunders v Vautier: see Re Brockbank [1948] Ch 206; Napier v Light [1975] 2 EGLR 44, CA. (The one exception is created by the Trusts of Land and Appointment of Trustees Act 1996, section 19......
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6 books & journal articles
  • The Changing Face of Trusts: The Trusts of Land and Appointment of Trustees Act 1996
    • United Kingdom
    • The Modern Law Review No. 61-1, January 1998
    • 1 Enero 1998
    ...and 9.2.51 Retirement and appointment of new trustees by the court is dealt with in sections 39 and 41 of the TA.52 (1841) 4 Beav 115.53 [1948] Ch 206.January 1998] Trusts of Land Act 1996The Modern Law Review Limited 1998 such beneficiaries could not appoint new trustees to the existing tr......
  • The Pension Trust: Fit For Purpose?
    • United Kingdom
    • The Modern Law Review No. 82-5, September 2019
    • 1 Septiembre 2019
    ...means that notwithstanding the presence of a variety of actors and service29 Adams vClifton (1826) 1 Russ 297; 38 ER 115.30 Re Brockbank [1948] Ch 206.31 Re Vestey’s Settlement [1950] 2 All ER 891. See further, D. Pollard, ‘Trustees and fiduciaries: thelimits on any “no fetter” rule: Part 2’......
  • An Introduction to the Law of Trusts
    • Canada
    • Irwin Books The Law of Trusts Introduction
    • 21 Junio 2014
    ...wish of either party, while a trust is not terminated by the death or wish of the trustee, beneficiaries, or settlor. 14 Re Brockbank , [1948] Ch 206. 15 Saunders v Vautier (1841), 4 Beav 115, 49 ER 282, aff’d (1841), 1 Cr & Ph 240, 41 ER 482 (Ch). This right has been abolished by legislati......
  • Fiduciary Relationships for Socially Responsible Investing: A Multinational Perspective
    • United States
    • American Business Law Journal No. 48-3, September 2011
    • 1 Septiembre 2011
    ...e.g., Commissioner v. Karingal, 2 Holdings Pty Ltd, [2005] H.C.A. 53 (HC).38[1985] Ch. 270.39Id. at 288.40Id.41See,e.g., Re Brockbank, [1948] Ch. 206.2011 / Fiduciary Relationships for Socially Responsible Investing Court in Shelton v. King42long ago disavowed the idea that benef‌iciariesco......
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