UK · Year 3 · Equity & Trusts
More Trusts Cases
Intention, purpose trusts, charity and remedies.
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1.Paul v Constance [1977] — held?
Repeated words such as "this money is as much yours as mine" were sufficient to show intention to create a trust, even though the word "trust" was never used.
[1977] 1 WLR 527 (CA)
2.Barclays Bank v Quistclose Investments [1970] — principle?
Money lent for a specific purpose that fails is held on trust for the lender (the Quistclose trust).
[1970] AC 567 (HL)
3.Morice v Bishop of Durham (1805) — principle?
The beneficiary principle: a private trust must have ascertainable beneficiaries who can enforce it; a trust for non-charitable purposes generally fails.
(1805) 10 Ves 522
4.Re Denley's Trust Deed [1969] — held?
A trust expressed as a purpose but directly benefiting ascertainable individuals (a sports ground for employees) is valid.
[1969] 1 Ch 373
5.Charities Act 2011, s 3 and s 4?
s 3 lists thirteen descriptions of charitable purposes (e.g. relief of poverty, education, religion); s 4 requires every charitable purpose to be for the public benefit.
Charities Act 2011, ss 3–4
6.Pennington v Waine [2002] — held?
A gift of shares was complete in equity because it would have been unconscionable for the donor to resile, even though not everything had been done (Re Rose extended).
[2002] EWCA Civ 227
7.Westdeutsche Landesbank v Islington LBC [1996] — significance?
Resulting trusts arise from the common intention of the parties, not from unjust enrichment; equitable proprietary claims need an identifiable trust fund.
[1996] AC 669 (HL)
8.Foskett v McKeown [2001] — held?
Beneficiaries whose money paid some insurance premiums could trace into the policy proceeds and claim a proportionate share.
[2001] 1 AC 102 (HL)
9.AIB Group v Mark Redler & Co [2014] — held?
Equitable compensation for breach of trust is assessed with the benefit of hindsight and requires a causal link to the loss (following Target Holdings v Redferns [1996]).
[2014] UKSC 58
10.Ottaway v Norman [1972] — doctrine?
Fully secret trusts: communication of the trust to the legatee and acceptance during the testator's lifetime binds the legatee.
[1972] Ch 698