Re Hallett's Estate. Knatchbull v Hallett
| Jurisdiction | England & Wales |
| Date | 1879 |
| Year | 1879 |
| Court | Court of Appeal |
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248 cases
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Roadchef (Employee Benefits Trustees) Ltd v Timothy Ingram Hill and Another
...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......
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Borden (U.K.) Ltd v Scottish Timber Products Ltd
...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......
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Foskett v McKeown
...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......
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Re Tilley's Will Trusts; Burgin v Croad
... ... wife one of the executors and gave to her a life interest in his estate, with remainder to his son, C., and his daughter, M., equally. The ... 1542D–H ) ... In re Hallett's Estate ( 1880 ) 13 Ch.D. 696 , C.A. distinguished ... (3) That ... The defendants relied on In re Hallett's Estate, Knatchbull v. Hallett F12 with a view to establishing that the trustee must be ... ...
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3 firm's commentaries
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Who Owns A Bribe?
...[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. ......
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Retention Of Title And Fiduciary Relationships
...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......
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In The Three Certainties We Trust: The Status Of Builders' Lien Act Trust Claims In Bankruptcy
...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......
32 books & journal articles
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An Old Snail in a New Bottle? Waiver of Tort as An Independent Cause of Action
...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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Waiving Goodbye: The Rise and Imminent Fall of Waiver of Tort in Class Proceedings
...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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Strategies to Avoid Or Mitigate Class Action Litigation
...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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Preliminary Merits Review for Class Actions in Ontario: Thanks, But No Thanks!
...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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