FGEfK5 Flashcards
Penn v
Equity [Basic]
Lord
personam, which is why
Baltimore
enforce personal rights
Crabb v
PE
Arun District
point for land #2. Parties agreed in principle and the council
Council
Principle: a court may make transfer, change the nature of,
Bibby v
PE - Acquiescence
Stirling
doing so - it must have been obvious to Bibby during the
Cobbe v
PE - Reliance
Yeoman’s Row
representation must have been able to be
Management
reliance. It is not enough for the claimant
Thorner
PE - Imperfect Gift
v Major
without a will, the property would go to closer
Guest v
PE - Imperfect Gift/Farm Case
Guest
inheritance and was ruled out.
[2022]
expectation (not reliance)
Gillett v
PE
Holt
Unconscionable conduct
Jennings
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v Rice
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Davies v
PE - Imperfect Gift/Farm Case
Davies
promise of inheritance, relationship was
[2016]
side of the agreement and had not changed her
Waltons Stores
PE - Common Expectation
v Maher
representations made before a contract;
[Australia;
and did not sign a lease. Held that W
1988]
under the impression that the lease
Haq v
PE - Common Expectation
Island
before a formal agreement, was allowed to enter
Homes
rely on the representation, he committed himself
Crown
PE - Elements
Melbourne v
during negotiations that a
Cosmopolitan
at renewal time” was not
Hotel
reliance
Howe v
PE
Gossop
the Wills Act, the court can
Bristol & West
Fiduciary Duties
Building
bank of the risk. Mothew had been negligent in
Society v
has undertaken to act for another in a particular
Mothew
distinguishing obligation in a fiduciary
Boardman
Fiduciary Duties - Conflict of Interest
v Phipps
refusing trustees being incompetent to refuse. Held B had to
Ventures v
Fiduciary
Cedar Capital
Duties RR
Bray v
Fiduciary
Ford
Duties
Regal v
Fiduciary
Gulliver
Duties
Lister & Co
Fiduciary
v Stubbs
Duties
A-G Hong
Fiduciary
Reid
Duties
McWilliam
Fiduciary
Finance
Duties
Saunders
Trustees’ Duties
v Vautier
exhaustive trust (where it is discretionary but all property
Webb v
Trusts
Webb
[Basic] RR
Westdeutsche
Trusts [Basic] + Resulting Trusts
Landesbank
Argues (not the accepted position) - Equitable interest
Girozentrale v
In some cases, the settlor intends to abandon equitable
Islington LBC
trust for the victim. If he uses the stolen money to buy
Re
Trust
Denley’s
Objects
Trust Deed
RR
Independent
Trust Objects - Charitable - Public Benefit
Schools Council
the charity commission’s approach to public
v Charity
weekend, etc. Held that the advancement of
Commission
times, just a sufficiently numerous “section of the
Morice v
Trust Objects
Bishop of
someone for whom the court
Durham
cannot act in favour of
Pitt v Holt;
Trustees’ Duties + Mistake
Futter v
with experts, and so there was adequate deliberation; no
Futter
it set aside. Court held that the correct test was whether
Schmidt v
Express Trustees
Rosewood
right to supervise the administration of trusts.
Trust
documents. Court may take into account the
Armitage
Trustees Duties
v Nurse
Honesty and good faith are the core
Cowan v
Trustees’ Duties
Scargill
irrespective of social and political considerations. Held that
Grand View
The ‘proper purpose’ rule (that
Private Trust
for the purpose for which they were
v Wong
the scope, even if they do so
Re
Trustees’ Duties
Londonderry’s
not have to disclose reasons for use of a
Settlement
that it is not unduly burdensome for
Breakspear
obligation to disclose
v Ackland
it is often beneficial to maintain
Nestle v
Trustees’ Duties
National
had been very poorly handled, and trustees had neglected
Westminster
current standards at the time. Trustees are to be judged on
Bank
Also source for duty to maintain evenhandedness between
Harries v
Trustees’ Duties - Ethical Investment
Church
investment - they could not exclude investments
Commissioners
investments because they go against the
Blackwell v
Constructive Trusts - Secret Trusts
Blackwell
trust, communication of the
Generator
Constructive Trusts - Pallant
Developments
buy land together. During
v Lidl
for itself and GD sued. Held that
Angove’s
Once a contract has been
v Bailey
that it was not enough that the
Banner
Constructive
Developments
Trusts
Re Polly
Constructive
Peck
Trusts
Re
Constructive
Snowden
Trusts
Hussey
Constructive
v Palmer
Trusts
Rochefoucauld
Constructive Trusts
v Boustead
evidence of fraud, “equity will
Hodgson
Resulting Trusts
v Marks
it was clear the transfer was not intended as a
Re
Resulting
Gillingham
Trusts RR
Patel v
Resulting Trusts
Mirza
purpose of the broken law would be
Stoffel v
Perpetrators of a mortgage fraud
Grondona
Patel, the purpose of the law will
Dyer v
Resulting
Dyer
Trusts
Air
Resulting Trusts
Jamaica v
intent to create intent for a
Charlton
pass the beneficial interest
Lohia v
Resulting Trusts
Lohia
presumption of resulting
Paul v
Certainties - Intention
Constance
argued that the money had been held on express trust. The
Re
Certainty - Subject Matter
Goldcorp
those whose coins had been segregated could
Exchange
unascertained goods forming part of an
Hunter
Certainty - Subject Matter
v Moss
indistinguishable from each other do not
McPhail
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v Doulton
??????????????????????????????????????????????
Re
Certainties
Baden’s
and
Deed Trust
Powers RR
English
Certainties
v Keats
Powers
Re Hay’s
Powers
Settlement
periodically consider exercising their powers and
Trust
under a fiduciary cannot claim for failure to
OT Computers
A fixed trust is void unless it is
v First National
beneficiary - ie list certainty, it
Tricity Finance
beneficiary of the trust.
North v
Certainties
Wilkinson
Powers
Mills v
Certainty - Intention
Sports
because the rest of the language
Direct
separate account so they were
Knight v
Certainties and Powers
Knight
owes a duty must be readily determinable. To
Lambe v
Certainty - Intention
Eames
some way, is not enough. A testator who gave
Midland
Certainties and Powers
Bank v
in a safe - did not inform solicitor or bank. When
Wyatt
achieve some ulterior purpose and there was no
Don King
Certainty - Intent
Productions
a trust as that was the only legal
v Warren
trust using the commercial
Boyce v
Certainty - Subject Matter - Interest
Boyce
be conveyed to the other daughter. Older
Re Golay’s
If an effective yardstick is
Will Trust
income” was certain enough to
Re
Certainty - Object - Conceptual Uncertainty
Barlow’s
term, there were minimum criteria - longstanding
Will Trust
was sufficient to be able to answer the is or is not
R v District
Certainty - Object
Auditor ex p
administratively uncertain
West Yorkshire
to allow the creation of a
Metropolitan CC
of West Yorkshire.
Re Tuck’s
Certainty - Object - Conceptual Uncertainty
Settlement
London Chief Rabbi was considered an authority to resolve
Trust
wording and the court cannot apply it, and evidential
Vandervell
Vandervell wanted to establish a professorship through a
v IRC
transfer between V and the third party - because the
T Choithram
???????????????????????????????
v Pagarani
????????????????????????????????????????????????????????
[REREAD]
??????????????????????????????????????????????????????????
Pennington
Formalities - Gift
v Waine
the exception in Re Rose showed that exceptions could be made to the
Hudson v
Constitution RR
Hathaway
+ Constructive
Grey v IRC
Grey wanted to avoid paying stamp duty,
[REREAD]
occurred when the document was made
Re
Formalities and Constitution + Resulting Trusts
Vandervell’s
back was exercised, the resulting trust was
Trusts (no 2)
interest. An automatic resulting trust occurs
Oughtred
Formalities
v IRC
Constitution
Re
Formalities + Constructive Trusts
Rose
the registry to complete the transfer. Taxes on the shares
Khan v
Formalities
Mahmood
Constitution
London
Trust Objects - Charitable - Public Benefit
Borough of
advancement of public health. For the tax relief to be
Merton v
the building excluded too many people, Nuffield was a
Nuffield Health
poverty, benefitting rich people can be charitable, and the
Re
Trusts Objects - Purpose Trusts
Endacott
and unidentified memorial should
Ecila
Resulting
Dorset NHS
Trusts
AIB Group
Equitable
v Mark
Compensation
Redler co
RR
Bartlett v
Trustees’ Duties + Equitable Compensation
Barclays
standard of care.
Bank Trust
were “part of the same transaction”, and so the
Target
Equitable Compensation
Holdings v
were dishonest from the beginning. No but-for
Redferns
commercial trusts (which are more contractual
Main v
Equitable Compensation
Giambrone
transaction had been made, but did so - the land was
& Law
deposit. Reparative compensation is clearly available,
v Ford
Compensation
Re
Equitable Compensation -
Pauling
breach (free of duress, undue
Foskett v
Tracing - Insurance
McKeown
beneficiaries were allowed to trace
Independent
Following and Tracing + Dishonest Assistance
Trustee
bona fide purchaser. In the same way that a
Services v GP
that has been rescinded nullifies the transaction
Noble Trustees
DA - “assisting in moving assets further away
Re Hallett’s
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Estate
???????????????????????????????????????
Re
Following and Tracing
Oatway
beneficiary can claim the
Roscoe
Following and Tracing
v Winder
and purchases property, the beneficiary cannot
Barlow
Following and Tracing + DA
Clowes v
large-scale fraud, where the rule would be too expensive or
Vaughan
inquire. Objective standard. Defendant does not need to
Relfo v
Tracing - Backwards Tracing
Varsani
payment is made “on the basis of”
Brazil v Durant
Tracing - Backwards Tracing
International
tracing allowed. Creates an
[PRIVY
“close transactional link”
COUNCIL]
transfer of trust funds.
Serious Fraud
Following
Office v Hotel
and
Portfolio II
Tracing RR
Brunei
Dishonest Assistance
Airlines v
performance of trusteeship - liability for
Tan
assistance was dishonest. Dishonesty:
Brinks v
Assistance element of the claim: a
Abu-Saleh
launder money which had been
Group Seven
Dishonest Assistance
v Notable
knowledge (ie choosing to turn
Services
not a minimum content of
Novoship
DAs can be made liable
v Nikitin
where the profits they
BCCI v
Knowing Receipt
Akindele
makes it unconscionable for
Williams v
Knowing Receipt and Dishonest
Central Bank
not become trustees, but may required by
of Nigeria
hadn’t held the property, might be liable
Byers v Saudi
trust but disposes of the property anyway, they
National Bank
the trustee. From the moment the third party
Prickly Bay v
Quistclose Trusts
British American
insurance company to buy property
Insurance [PRIVY
not been created, and the money
COUNCIL]
insurance company; the agreement
Rothmans v
Quistclose
Freeman
Trusts
Re EVTR
?????????????????
[REREAD - no
??????????????????????????????????????????????????????
idea if a QT was
???????????????????????????????????????????????????????
created or not]
?????????????????????????????????????????????????????
Professional
Quistclose
Examination
Trusts
Twinsectra
Automatic + DA
v Yardley
parties, due to failure to dispose of an interest, uncertainty
Wolverhampton
Remedies - Injunctions
CC v London
persons unknown (ie a broad
Gypsies and
members of the group. Held that
Travellers
against persons unknown were
Lawrence v
Remedies - Damages in Lieu
Fen Tigers
judges - they should take
[REREAD]
previous cases, not consider
Co-operative
Remedies - Specific Performance
Insurance v
Mall sought specific performance to force them
Argyll Stores
the need for constant or periodic review.
Marley v
Remedies - Rectification of Wills
Rawlings
power to rectify it. Facts: married couple had
Beswick v
Periodic payments can be
Beswick
of creating an ongoing obligation.
Jaggard
Remedies
v Sawyer
common law beyond damages, meaning
American
Remedies - Injunctions
Cyanamid
product. Held that damages were inadequate for
v Ethicon
interlocutory injunction should not normally be
Porter &
Remedies
Anor v
included in the deed as being granted to
Stokes
conveyancer could have done it, and the
Bhaur v
Remedies - Rescission
Equity First
and would be challenged. HMRC
Trustees
there was no rescission for Bhaur, on
Ramsden
PE - Acquiescence-Based
v Dyson
from setting him right and leave him
Wayling
PE
v Jones
allegedly promised but which wasn’t left to him in
Keech v
Fiduciary Duties - Conflict of Interest
Sandford
every effort for the beneficiary, but when he was
Cooper v
Quistclose
Powerhouse
Trusts
Mainhard
Fiduciary Duties
v Salmon
than “the morals of
Cradock
Fiduciary Duties
v Piper
trustee is automatically allowed
Whichcote
Fiduciary Duties
v
the fiduciary would otherwise face.
Lawrence
breaches, if the fiduciary is in a
Tito v
Formalities + Fiduciary Duties
Waddell
The fair dealing rule for fiduciaries - if they
De
Fiduciary Duties
Bussche v
the temptation to
Alt
(self-dealing) which will
Murad v
Fiduciary Duties
Al-Saraj
fiduciary to prove a principal was not harmed by the dealing.
Bowman v
Trust Objects - Charitable
Secular
of individuals or in “that class of
Society
charitable in the legal sense of
Re
Trust Objects
Astor
no one can enforce. Recognition of
Re
Trust Objects
Osoba
making the gift. The trust was held on
FULL NAME;
Charity in the legal sense comprised the “four
NO LONGER
three heads; for the fourth, it needed to be
GOOD LAW]
2011 legislative measures.
Re
Set up a trust for the benefit of
Coulthurst
employer considered “deserving” of
Re
Trust Objects - Charitable - Education
Shaw
used. Held that “the increase of
Re
Trust Objects - Charitable - Education
Pinion
educational value. Held it was not a
The Jedi Case
Trust Objects - Charitable - Religion
[FIND THE
develop themself within a loose
ACTUAL
philosophy or way of life means a
NAME]
religion for charitable purposes.
Gimour
Trust Objects - Charitable - Public Benefit
v Coats
example as people devoted to religion and their
IRC v
Public Benefit
Baddeley
some people have easier
Oppenheim
Trust Objects - Charitable
v Tobacco
there can’t be a link
Securities
able to benefit from the
Dingle v
Trust Objects - Charitable
Turner
poverty - it is always for
National
??????????????????????????
Anti-Vivisection
?????????????????????????????????????
Society v IRC
?????????????????????????????????????????
Human Dignity
Organisation campaigned for equal
Trust v Charity
where constitutions enshrined equal
Commission
concerned only with rectifying unlawful
Runnymede
- Political
Trust v Charity
on controversial issues,
Commission
themselves with political
Re
Trust Objects - Purpose
Hooper
exception for the provision
Re
Resulting Trusts - Automatic
Diplock
trust outside the anomalous
Pallant v
Constructive Trusts
Morgan
detail and too uncertain to be specifically
Palmer v
Certainty - Subject Matter
Simmons
term must express “a definite,
Re London
Purchasers received title which said the wine
Wines Co
fully sold. Held that there could not be a valid
Pleshakov v
Formalities and
Sky Stream
Trusts can be created by a
Corp
with no involvement by the
Marvel
Remedies - Injunctions
[FIND FULL
threat of the defendant transferring
NAME]
held it could grant an injunction to
Shelfer v City
If there is a small interference
of London
and dealt with in a small
Electric
oppressive to grant an
Wright v
Remedies - Rescission
National
of a deed which excluded one of
Westminster
serious consequences which would
Bank
trust should be rescinded.
Green v
?????????????????????????????????
Betfred
?????????????????????????????????????????
Great Peace
Remedies -
Shipping v
Rescission
Salvage
- Contracts
Salt v
Remedies - Rescission -
Stratstone
compensate the purchaser of a car which
Specialist
stated principle: Damages in lieu of
Lindsay
Remedies - Rescission - Affirmation
Petroleum
delaying seeking remedy is a valid
v Hurd
time passed and what has
Rogge v
Remedies - Rescission - No Restitutio in
Rogge
transaction had not taken place”. One
Day v
Remedies -
Day
Rectification
FSCH v
Remedies -
Glas Trust
Rectification
Properties
Remedies -
Klug v
Express Trustees - Duties
Klug
in distributing trust funds cannot be
Cooper v
Quistclose Trusts - Segregation
PRG
money for it, which the company was meant to
Powerhouse
that segregation was not an issue, the purpose
Bellis v
Quistclose Trusts
Challinor
defeat the assumption. Investors in a
Lehman
Certainty - Subject Matter
Brothers v
property. Where there is no property
CRC
can be created without a separate bank
Comiskey v
his wife “in full confidence she
Bowring-Hanbury
children” had merely created a
Re Adams and
A testator left property to his wife “in full
the Kensington
see fit”. Court held it was a trust - the
Vestry
while “full confidence” may not be
Milroy v
?????????????????????
Lord
???????????????????????????????????????????
Sprange
Certainty - Subject Matter -
v Barnard
what is left” was not
McJordan
Certainty - Subject Matter
Construction v
over money in a bank
Brookmount
needed to be segregated
Erostin
into its own account to be
Re
?????????????????????????????????????
Gulbenkian’s
????????????????????????????????????
Settlement
?????????????????????????????????????
Re
Certainty - Intention
Kayford
without using the word
Re
Formalities and
Lysaght
trustee refuses the role,
Turner v
Trustees’ Duties
Turner
without reading them, had
Luke v South
Trustees’ Duties
Kensington
cannot bind the
Hotel
must act unanimously.
Bahin v
Trustees’ Duties
Hughes
any liability for trustees
Speight
Trustees’ Duties
v Gaunt
perform their duties in the same
Byrne v
Trustees’ Duties
Kendle
document to invest funds,
Re
Trusts cannot be declared over
Ellenborough
or still have at some point in the
Holder v
Fiduciary Duties
Holder
or buys property from themselves
Re
Resulting Trust - Automatic
Ames
age of 25) fails, the property
Barclays
Quistclose Trusts
Bank v
trust for the donor. Court found that money which
Quistclose
therefore became an automatic resulting trust.
Stack v
Resulting/Constructive Trusts
Dowden
constructive trust principles,
Grey v
Resulting Trust - Voluntary Transfer
Grey
fathers to children or husbands to
El Ajou v
Knowing Receipt
Dollar Land
duty, beneficial receipt by the
Holdings
the defendant that the assets
Agip v
Knowing Receipt
Jackson
used to reduce an overdraft.
McCormick
Secret Trusts
v Grogan
undertake, becomes a trustee bound to follow
