Turner v Turner

JurisdictionEngland & Wales
Year1983
Date1983
CourtChancery Division
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27 cases
  • Smithson and Others v Hamilton
    • United Kingdom
    • Chancery Division
    • 10 December 2007
    ...the grounds for this striking assertion. I believe that Mr Stallworthy advances two points: one is that the case is similar to Turner v Turner [1984] Ch 100, a decision of Mervyn Davies J which I describe in the next paragraph; the other is that the trustees had to act unanimously, and the......
  • Smithson and Others v Hamilton
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 23 July 2008
  • [1] Zorin Sachak Khan [2] Afaque Ahmed Khan [3] Sasheen Anwar Appellants v [1] Gany Holdings (PTC) SA [2] Asif Rangoonwala Respondents
    • British Virgin Islands
    • Court of Appeal (British Virgin Islands)
    • 14 March 2016
    ...merely approving the documents put before them by Asif. Such conduct renders their purported decision void as held in Turner and others v Turner and others. 22 Whilst the learned judge rejected this submission 23 and stated that there was no basis on which he could find as a fact that this ......
  • Sieff v Fox
    • United Kingdom
    • Chancery Division
    • 23 June 2005
    ...a case where the exercise is a fraud on the power. v) The trustees may have been unaware that they had any discretion to exercise: see Turner v. Turner [1984] Ch 100, an extreme and highly unusual case on the facts, which has been described as equitable non est factum. vi) To these categori......
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8 books & journal articles
  • Can Complex Contracts Effectively Replace Bankruptcy Principles? Why Interpretation Matters.
    • United States
    • American Bankruptcy Law Journal Vol. 92 No. 4, September 2018
    • 22 September 2018
    ...2010). (89) Id. at 343 (citing Partridge v. The Equity Trustees Executors & Agency Co. Ltd (1947) 75 CLR 149, 164; Turner v. Turner [1984] Ch 100). (90) This implies that, especially on a decision to sell trust property, it has discretionary powers. See Re Steed's Will Trusts [1960] Ch ......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...58, 59, 60, 64, 65 Tulk v Moxhay (1848), 2 Ph 774, 41 ER 1143 ..................................... 156, 158, 160 Turner v Turner, [1984] Ch 100 ........................................................................... 76 Union Bank of Canada v Phillips (1919), 58 SCR 385, 46 DLR 41 ...........
  • Equity and Trusts
    • Canada
    • Irwin Books The Law of Property
    • 5 August 2021
    ...(Div Ct). 30 Re Londonderry’s Settlement , [1965] Ch 918 (CA). 31 See Pitt v Holt , [2013] UKSC 26, [2013] 2 AC 108. 32 Turner v Turner , [1984] Ch 100. 33 See Cowan v Scargill , [1985] Ch 270; Strother v 3464920 Canada Inc , 2007 SCC 24. 34 See Boardman v Phipps , [1966] UKHL 2, [1967] 2 A......
  • English fiduciary standards and trust law.
    • United States
    • Vanderbilt Journal of Transnational Law Vol. 32 No. 3, May 1999
    • 1 May 1999
    ...1882). (43.) Cowan v. Scargill, [1985[ Ch. 270, 289. (44.) Compare Wilson v. Turner, 22 Ch. D. 521 (C.A. 1883), with Turner v. Turner, [1984] Ch. 100. (45.) See Scott v. National Trust, [1998] 2 All E.R. 705, 717 (Ch.) (plaintiff complained that the Trust should not have bowed to public pre......
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