Tito v Waddell (No. 2); Tito v Attorney General; Ocean Island (No. 2)
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Judgment Date | 1977 |
| Year | 1977 |
| Date | 1977 |
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319 cases
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Rhone and Another v Stephens (executrix)
... ... unless he was a party to it; that there was no principle requiring a party deriving benefit from ... Dicta of Sir Robert Megarry V.-C. in Tito v. Waddell (No. 2) [ 1977 ] Ch. 106 , 301 et ... condition.” The judge awarded general damages of £3,750 against the defendant in ... ...
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Sheldon and Others v R H M Outhwaite (Underwriting Agencies) Ltd and Others
...C.A. Kitchen v. Royal Air Force Association [1958] 1 W.L.R. 563; [1958] 3 All E.R. 241, C.A. Tito v. Waddell (No. 2) [1977] Ch. 106; [1977] 2 W.L.R. 496; [1977] 3 All E.R. 129 The following additional cases, supplied by courtesy of counsel, were cited in argument: Homfray v. Scroope (1849) ......
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AB Jnr v MB
... ... when right to rescind lost Trusts-no-contest clauses-forfeiture-provision for ... 486 , referred to. (31) Tito v. Waddell (No. 2) , [1977] Ch. 106 ; [1977] 2 ... ensure (as required by the 1998 order and general principles of fairness) that there was an ... the plaintiffs (the native Banabans of Ocean Islands) and the defendant (Her Majesty”s ... defence would be available to the Attorney-General ( qua defendant ‘trustee’) to the ... ...
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Radford v De Froberville
...113. Susquehanna, The, Admiralty Comrs. v. Susquehanna (Owners) [1926] A.C. 655, H.L.(E.). Tito v. Waddell (No. 2) [1977] Ch. 106; [1977] 2 W.L.R. 496; [1977] 3 All E.R. Westminster (Duke) v. Swinton [1948] 1 K.B. 524; [1948] 1 All E.R. 248. Wigsell v. School for Indigent Blind (1880) 43 L.......
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4 firm's commentaries
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Court Of Appeal Summaries (November 1-5, 2021)
...24, Grand River Enterprises v. Burnham (2005), 197 O.A.C. 168, Wewaykum Indian Band v. Canada, 2002 SCC 79, Tito v. Waddell (No. 2), [1977] 3 All E.R. 129, Canadian National Railway Co. v. Canada (Attorney General), 2014 SCC 40, Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19, TE......
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Court Of Appeal Summaries (November 1-5, 2021)
...24, Grand River Enterprises v. Burnham (2005), 197 O.A.C. 168, Wewaykum Indian Band v. Canada, 2002 SCC 79, Tito v. Waddell (No. 2), [1977] 3 All E.R. 129, Canadian National Railway Co. v. Canada (Attorney General), 2014 SCC 40, Heritage Capital Corp. v. Equitable Trust Co., 2016 SCC 19, TE......
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Structured Finance and Securitisation 2010: Country Q&A - Hong Kong
...if it satisfies three certainties: Certainty of intention. There must be a manifest intention to create a trust (Tito v Waddell (No. 2) [1977] Ch 106). Certainty of objects. The trust must be for ascertainable beneficiaries (Re Vandervell's Trusts (No. 2) [1974] Ch 269). Certainty of subjec......
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Re Reynolds - Official Assignee V Wilson And Another [2007] NZCA 122
...intends to later breach that trust, the latter not constituting a sham. The Court of Appeal (citing Tito v Waddell, Tito v A-G (No. 2) [1977] Ch 106, 220-225) considered that the use of the "trust" does not conclusively indicate an intention to create a trust. In determining whether the req......
33 books & journal articles
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Defects
...Toulmin CMG QC (24 Const LJ 103). 419 Director of War Service Homes v Harris [1968] Qd R 275 at 278, per Gibbs J; Tito v Waddell (No 2) [1977] Ch 106 at 332, per Sir Robert Megarry V-C; Oxford University Press v John Stedman Design Group (1990) 34 Con LR 1 at 86–87, per HHJ Esyr Lewis QC; R......
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Chapter 14. Defects
...per HHJ Toulmin CMG QC (24 Const LJ 103). 398 Director of War Service Homes v Harris [1968] Qd R 275 at 278, per Gibbs J; Tito v Waddell (No 2) [1977] Ch 106 at 332, per Sir Robert Megarry V-C; Oxford University Press v John Stedman Design Group (1990) 34 Con LR 1 at 86–87, per HHJ Esyr Lew......
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Chapter 7: Business Law in Europe after Brexit
...on the assignee; see the English line of cases on the subject starting with Aspden v Seddon (1876) 1 Ex D 496; see further also Tito v Waddell [1977] Ch 106, 302. Again, this raises the issue of whether the assignor is fully discharged in the process and it is likely that the debtor retains......
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RE-EXAMINING THE RELATIONSHIP BETWEEN MUTUAL PROMISES IN CONTRACT LAW.
...First outlined in Newcombe v Newcombe (1934) 34 SR (NSW) 446, 450 (Jordan CJ) ('Newcombe'). (46) First outlined in Tito v Waddell[No 2] [1977] 1 Ch 106, 297 (Megarry V-C) as a test to determine whether an instrument grants unqualified or conditional rights. It has since been cited by author......
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