Re Whiteley. Whiteley v Learoyd
| Jurisdiction | England & Wales |
| Date | 1885 |
| Court | House of Lords |
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16 cases
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Lemos v Coutts (Cayman) Ltd
...Scheme Ltd. v. West Bromwich Bldg. Socy., [1998] 1 W.L.R. 896; [1998] 1 All E.R. 98, referred to. (3) Learoyd v. WhiteleyELR(1887), 12 App. Cas. 727; 57 L.J. Ch. 390; 58 L.T. 93, dicta of Lord Watson applied. (4) Liverpool City Council v. Irwin, [1977] A.C. 239; [1976] 2 All E.R. 39, referr......
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Daniel v Tee
...Blackburn. So confined, the trustee must also "avoid all investments of that class which are attended with hazard":Learoyd v Whiteley (1887) 12 App Cas 727, 733, per Lord Watson. The power of investment "must be exercised so as to yield the best return for the beneficiaries, judged in relat......
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Re The Cup Trust; Charity Commission for England and Wales v Mountstar (PTC) Ltd and Others
...that a trustee does not have the same freedom to speculate with the trust assets as a businessman might do with his own assets. In Learoyd v. Whiteley (1887) 12 App Cas 727 at 733 Lord Watson said, "[A trustee] is not allowed the same discretion in investing the moneys of the trust as if he......
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Australian Prudential Regulation Authority v Kelaher
...would exercise in conducting that business as if it were his or her own: Speight v Gaunt (1883) 9 App Cas 1; Learoyd v Whiteley (1887) 12 App Cas 727; Knox v Mackinnon (1888) 13 App Cas 753. There is an equally well-accepted gloss on (or adjunct to) this in relation to trustee investments w......
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1 firm's commentaries
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Does the care, skill and diligence covenant in Stronger Super heighten existing requirements?
...would exercise in conducting that business as if it were his or her own: Speight v Gaunt (1883) 9 App Cas 1; Learoyd v Whiteley (1887) 12 App Cas 727; Knox v Mackinnon (1888) 13 App Cas 753. There is an equally well-accepted gloss on (or adjunct to) this in relation to trustee investments w......
3 books & journal articles
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SHIFTING PARADIGM OF INVESTMENT BY CHARITIES
...instrument demands it: see Trustees Act (Cap 337, 2005 Rev Ed) s 2. 50Re Whiteley(1886) 33 Ch D 347 at 355; Learoyd v Whiteley(1887) 12 App Cas 727. 51 After Bristol and West Building Society v Mothew[1998] Ch 1. The terminology Mothew thesis is coined by The Honourable J D Heydon QC, “Mode......
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Reinforcing Duty Bearer Accountability for Socio-Economic Rights in Malawi: A Conceptual Alternative?
...T his means that in Malawi, for example, the Constitut ion, r st and 52 Speight v Gaun t (1883) 22 Ch D 727 739; Learoyd v Whitely (1887) 12 App Cas 727 53 Llyods Bank v D uker [1987] WLR 1324 1330-133154 As argued in administ rative law, statutory powers conferr ed for public purposes are......
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LEGAL CONSTRAINTS TO TOTAL RETURN INVESTMENT BY TRUSTEES
...selection of individual investments within the classes of permissible investments. See Lord Watson's admonition in Learoyd v Whiteley (1887) 12 App Cas 727 at 733 that the trustee must “avoid all investments of that class that are attended with hazard”. See also Australian Securities & Inve......