Re Hallett's Estate. Knatchbull v Hallett

JurisdictionEngland & Wales
Date1879
Year1879
CourtCourt of Appeal
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247 cases
  • Roadchef (Employee Benefits Trustees) Ltd v Timothy Ingram Hill and Another
    • United Kingdom
    • Chancery Division
    • 29 January 2014
    ...enunciated in Fishel and TCP. 188 In relation to the MSA shares Mr Jones relies on the principle expounded by Sir George Jessel MR in Re Hallett's Estate (1880) 13 Ch D 696, that if payment comes out of a mixed fund it should be deemed that the wrongdoer used his own share of the fund first......
  • Foskett v McKeown
    • United Kingdom
    • House of Lords
    • 24 May 2000
    ...obtain a better title than his donor, and a donor who is a trustee cannot be allowed to profit from his trust. 91 In In re Hallett's Estate; Knatchbull v. Hallett (1880) 13 Ch. D. 696, 709 Sir George Jessel M.R. acknowledged that where an asset was acquired exclusively with trust money, the......
  • Borden (U.K.) Ltd v Scottish Timber Products Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 10 July 1979
    ...of principal and agent, bailor and bailee. Accordingly, like the judge I find no difficulty in holding that the principles in Hallett's case. are of immediate application, and I think that the plaintiffs are entitled to trace these proceeds of sale and to recover them, as Mr. Justice Mocatt......
  • Walsh v Walsh
    • Ireland
    • High Court
    • 13 February 2017
    ... ... whereby it was intended by her that he would not leave any estate; (e). that this conclusion as to her calculation and design can ... ...
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3 firm's commentaries
  • Who Owns A Bribe?
    • Jersey
    • Mondaq Jersey
    • 9 December 2014
    ...[2001] 1 AC 102, at paras 129-133. 16 El Ajou v Dollar Land Holdings plc [1993] 3 All ER 717, at paras 735-736. 17 Re Hallett's Estate (1879) 13 ChD 696, at paras 18 Re Tilley [1967] Ch 1179, at para 1185. 19 Federal Republic of Brazil v Durant Intl Corp 2012 (2) JLR 356, at paras 203-212. ......
  • Retention Of Title And Fiduciary Relationships
    • Ireland
    • Mondaq Ireland
    • 7 November 2016
    ...to the extent of the proceeds of the sale of his property. This is the rule enunciated in In re Hallett's Estate; Knatchbull v Hallett (1880) 13 Ch D 696." [Questions reformatted for Creating a fiduciary relationship In ADM Londis Plc v Ranzett Ltd & Ors 4 the parties entered into a num......
  • In The Three Certainties We Trust: The Status Of Builders' Lien Act Trust Claims In Bankruptcy
    • Canada
    • Mondaq Canada
    • 20 October 2015
    ...then turned to tracing, and the principle in the old case of Re Hallett's Estate: [14] I rely on the principle in Re Hallett's Estate, (1880) 13 Ch. D. 696 (CA) that Kel-Greg, as a trustee, may be presumed to have expended all its bank account's non-trust monies before expending any trust m......
29 books & journal articles
  • An Old Snail in a New Bottle? Waiver of Tort as An Independent Cause of Action
    • Canada
    • Irwin Books The Canadian Class Action Review No. 6-1, April 2010
    • 1 April 2010
    ...See discussion in Smith, above note 121 at 162–65. 140 Sinclair v. Brougham, [1914] A.C. 398 at 419 (H.L.). 141 Re Hallett’s Estate (1880), 13 Ch. D. 696 at 709–10 (C.A.) [Hallett’s Estate]; Smith, above note 121 at 123. 142 Smith, ibid. at 120–28. See, for example, Agip (Africa) Ltd. v. Ja......
  • Speaking the Class Action, Thinking the Class Action: A Discussion of Changing Trends in Quebec's Class Action Lexicon
    • Canada
    • Irwin Books The Canadian Class Action Review No. 6-1, April 2010
    • 1 April 2010
    ...See discussion in Smith, above note 121 at 162–65. 140 Sinclair v. Brougham, [1914] A.C. 398 at 419 (H.L.). 141 Re Hallett’s Estate (1880), 13 Ch. D. 696 at 709–10 (C.A.) [Hallett’s Estate]; Smith, above note 121 at 123. 142 Smith, ibid. at 120–28. See, for example, Agip (Africa) Ltd. v. Ja......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...Re Green, [1951] Ch 148 ..................................................................................... 212 Re Hallett’s Estate (1879), 13 Ch D 696 (CA) ..................................................... 114 Re Harvey (1932), 41 OWN 420 ...................................................
  • Strategies to Avoid Or Mitigate Class Action Litigation
    • Canada
    • Irwin Books The Canadian Class Action Review No. 6-1, April 2010
    • 1 April 2010
    ...See discussion in Smith, above note 121 at 162–65. 140 Sinclair v. Brougham, [1914] A.C. 398 at 419 (H.L.). 141 Re Hallett’s Estate (1880), 13 Ch. D. 696 at 709–10 (C.A.) [Hallett’s Estate]; Smith, above note 121 at 123. 142 Smith, ibid. at 120–28. See, for example, Agip (Africa) Ltd. v. Ja......
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