Soton Equity and Trusts - alastairhudson.com

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Summary The traditional rule Morice v Bishop of Durham Leahy v Att-Gen for NSW Alternative approaches Re Denley Re Lipinski Re Grant’s Will Trusts Unincorporated associations Re Recher’s Will Trusts Conservative Association v Burrell Winding up associations Re West Sussex Constabulary, etc. Re Bucks Constabulary, etc. Re Gillingham Bus Disaster Fund Re Horley Town FC 30
Topic 4. THE CONSTITUTION OF TRUSTS. Question: How is an express trust created? General reading: Hudson, Ch.5; Martin 123-154; Pettit 100-126 Transfer of property by settlor to trustee(s) to be held on trust for beneficiaries, or Declaration by settlor that property which settlor already holds or will receive is held by settlor on trust for beneficiaries, or Declaration by settlor to trustees that property which trustees hold on his/her behalf is henceforth to be held by them for beneficiaries. N. b. that, in each of the above cases, the settlor’s title to the property may be legal or equitable; and that property may be subjected to a trust either by will or through inter vivos (lifetime) transactions. (A) Statutory formalities applicable to the subjection of property to a trust by will: Wills Act 1837 s. 9. Reading: Hudson, section 5.1.1 will in writing testator’s signature (or equivalent) shows intention to give effect to will signature in presence of two or more co-present witnesses who attest will or acknowledge signature in testator’s presence (B) Two fundamental principles Reading: Hudson, section 5.1.2, and 5.2.4 1) Once a trust is created, it cannot be undone Reading: Hudson, sections 5.1.2 *Paul v. Paul (1882) 20 Ch. D. 742 2) Settlor must have appropriate property rights at time of creating trust Reading: Hudson, sections 5.2.4 Re Brooks ST [1939] 1 Ch 993 Re Ralli’s WT [1964] 1 Ch 288 (C) Exclusions from the need for formalities. General reading: Hudson, section 5.3 a) Resulting, implied and constructive trusts require no formalities for their creation Reading: Hudson, sections 5.3.1 LPA 1925, s. 53 (2) Hodgson v. Marks [1971] Ch. 892 (resulting trust, oddly). b) “Statute may not be used as an engine of fraud”: fraud and unconscionability Reading: Hudson, sections 5.3.2 *Rochefoucauld v. Boustead [1897] 1 Ch. 196. Bannister v. Bannister [1948] 2 All E.R. 133 Lyus v. Prowsa [1982] 1 W.L.R. 1044. 31
Page 1 and 2: University of Southampton Law Schoo
Page 3 and 4: Lay-out of materials These “Lectu
Page 5 and 6: Formative assessment - (i.e. non-as
Page 7 and 8: How to study for this module 1. Uni
Page 9 and 10: Common law and equity were always d
Page 11 and 12: (E) The rudiments of express trusts
Page 13 and 14: Lord Browne-Wilkinson in Westdeutsc
Page 15 and 16: (2) Trusts as opposed to merely mor
Page 17 and 18: (3) after all valid claims in (2) h
Page 19 and 20: Topic 2. CERTAINTY OF OBJECTS Readi
Page 21 and 22: 10) Mechanisms for eluding the “a
Page 23 and 24: Topic 3. THE BENEFICIARY PRINCIPLE
Page 25 and 26: (C) Alternative interpretations of
Page 27 and 28: **Leahy v. Att.-Gen. for New South
Page 29: purpose of blocking the house up an
Page 33 and 34: Richards v. Delbridge (1874) L.R. 1
Page 35 and 36: *s. 53 (1) (b): "A declaration of t
Page 37 and 38: Topic 5. THE DUTIES OF TRUSTEES & B
Page 39 and 40: [Considered in detail in relation t
Page 41 and 42: (a) to any special knowledge or exp
Page 43 and 44: ule does not afford the right to th
Page 45 and 46: Burrell v Burrell [2005] EWHC 245,
Page 47 and 48: (F) Judicial control of trustees’
Page 49 and 50: 1) Specific Restitution Harris v Ke
Page 51 and 52: EQUITY & TRUSTS PART II TRUSTS IMPL
Page 53 and 54: Topic 6. RESULTING AND QUISTCLOSE T
Page 55 and 56: (b) (c) father and child Bennet v.
Page 57 and 58: II. QUISTCLOSE TRUSTS Reading: Huds
Page 59 and 60: e. … other commercial-contract la
Page 61 and 62: (c) The nature of the constructive
Page 63 and 64: (b) where the company is a public c
Page 65 and 66: 6) Profits from theft Reading: Huds
Page 67 and 68: Topic 8. TRUSTS OF HOMES General Re
Page 69 and 70: (5) Each case will turn on its own
Page 71 and 72: Ferguson, ‘Constructive trusts -
Page 73 and 74: *Pascoe v. Turner [1979] 2 All ER 9
Page 75 and 76: inging up the children is no doubt
Page 77 and 78: first sight this may seem surprisin
Page 79 and 80: (ii) Cases looking to the character
Page 81 and 82:
*Niru Battery Manufacturing Co v Mi
Page 83 and 84:
Hudson, 20.5.2. Hudson, Securities
Page 85 and 86:
C. EQUITABLE TRACING Reading: Hudso
Page 87 and 88:
D. REMEDIES AFTER TRACING Reading:
Page 89 and 90:
e) Is change of position now equita
Page 91 and 92:
2) The four heads of charity in Pem
Page 93 and 94:
(c) (d) (e) Gifts for relief of dis
Page 95 and 96:
(D) Advancement of education. Readi
Page 97 and 98:
(H) Requirement of the exclusivity
Page 99 and 100:
THEORETICAL PERSPECTIVES ON EQUITY
Page 101 and 102:
Polly Peck International v Nadir (N
Page 103 and 104:
Concepts Contract Torts Property Fi
Page 105 and 106:
of what has been called unjust enri
Page 107 and 108:
actions, then the claimant should b
Page 109 and 110:
o Recovery of an enrichment will no
Page 111 and 112:
£200,000 on Static plc shares whic
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