These are introductory references on catagories of trusts, nature of equitable ownership, their creation, and distinctions between trusts and other legal concepts.
See also the substantive pages on Definition and essential nature of trusts , creation of trusts and the nature of equitable title.
This page was last updated on 23 Sep 99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk
Main trusts page, List of cases, Back to legal home page , Back to home page
The reading for the first tutorial in Swansea goes up to here.
This page was last updated on 23 Sep99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk
Trusts can be created expressly, or can arise as resulting or constructive trusts.
There are two categories of resulting trust, the categories having been re-defined in the important H.L. decision in Westdeutsche v. Islington B.C. [1996] A.C. 669, [1996] 2 All E.R. 961. Other resulting trust cases of interest include Hodgson v. Marks [1971] Ch. 892; Williams & Glyn's Bank Ltd v. Boland [1981] A.C. 487; Lloyds Bank plc v Rosset [1991] 1 A.C. 107 (second category).
There has been a lot of criticism of the reasoning in Westdeutsche - see, e.g., Millett, Restitution and Constructive Trusts (1998) LQR 399.
More detailed references on resulting trusts (link to follow at appropriate time in the course)
Bannister v. Bannister [1948] 2 All E.R. 133; Binions v. Evans [1972] Ch. 359; Lloyds Bank plc v Rosset [1991] 1 A.C. 107 (first category).
More detailed references on constructive trusts (link to follow at appropriate time in the course).
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See also the substantive pages on creation of trusts and the nature of equitable title.
This page was last updated on 03 Sep99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk
Equitable rights as real rights, as personal rights; effect of 1925 legislation.
Substantive page on Nature of equitable ownership.
Cave v. Cave (1880) 15 Ch.D. 639, Hunt v. Luck [1902] 1 Ch. 428 (C.A.) , E.R. Ives Investments Ltd. v. High [1967] 2 Q.B. 379; Kingsnorth Trust Co. Ltd v Tizard [1986] 1 W.L.R. 783 (cf. Caunce v Caunce [1969] 1 W.L.R. 286).
Tinsley v. Milligan [1994] 1 A.C. 340, [1993] 3 W.L.R. 126, [1993] 3 All E.R. 65, noted in [1994] Conv. This is a majority decision of the House of Lords. Note that the speech of Lord Browne-Wilkinson may go beyond that of his brethren.
Rowan v. Dann (1992) 64 P. & C.R. 202 (C.A.)
Tribe v. Tribe [1995] 4 All E.R. 236.
Richard West and Partners (Inverness) Ltd v. Dick [1969] 2 Ch. 424; Keith John Lighting v. Lightning Electrical Contractors Ltd., CA, 23 Apr 98.
Leigh & Sillivan Ltd v. Aliakmon Shipping Co. Ltd., The Aliakmon [1986] A.C. 785; MCC Proceeds Inc. v. Lehman Brothers International (Europe) [1998] 4 All ER 675, [1998] 2 BCLC 659.
But compare White v. Jones [1995] 2 W.L.R. 187, [1995] 1 All E.R. 691.
Coatsworth v. Johnson (1886) 54 L.T. 520, Warmington v. Miller [1973] Q.B. 877, Mountford v. Scott [1975] Ch. 258.
Maudsley, 36 M.L.R. 25.
Midland Bank Trust Co. v. Green [1981] A.C. 513 , Lloyds Bank plc v. Carrick [1996] 4 All E.R. 630, [1996] 2 F.C.R. 771, (1996) 146 NLJ 405.
But cf.
E.R. Ives Investments Ltd. v. High [1967] 2 Q.B. 379. Note that Lord Denning M.R.'s definition of an equitable easement for the purposes of the L.C.A. are not adopted by his brethren, and that his reasoning differed in other respects also.
Shiloh Spinners v. Harding [1973] A.C. 691.
Hodgson v. Marks [1971] Ch. 892;
Williams & Glyn's Bank Ltd v. Boland [1981] A.C. 487 (cf. City of London BS v. Flegg [1988] 1 A.C. 54);
Peffer v. Rigg [1978] 3 All E.R. 745.
Lyus v. Prowsa Developments Ltd [1982] 1 W.L.R. 1044.
Polly Peck International plc v. Nadir (No.2) [1992] 4 All E.R. 769.
Top of page, Main trusts page, List of cases, Back to legal home page , Back to home page
See also the substantive pages on creation of trusts and the nature of equitable title.
This page was last updated on 03 Sep99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk
Substantive page on Creation of trusts
Westdeutsche v. Islington B.C. [1996] A.C. 669, [1996] 2 All E.R. 961.
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See also the substantive pages on creation of trusts and the nature of equitable title.
This page was last updated on 03 Sep 99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk
Note that this is as far as we go for the first tutorial in Swansea.
Distinguished from bailment, contract, loan (Quistclose trusts).
Lloyds Bank v Bank of America [1938] 2 K.B. 147.
Lloyd's v. Harper (1880) 16 Ch. D. 290, 321 (C.A.).
Beswick v. Beswick [1968] A.C. 58.
Woodar Investment Developments Ltd. v. Wimpey Construction (UK) Ltd. [1980] 1 W.L.R. 277.
Note that the damages aspects of Woodar v. Wimpey are dicta only.
Note also that there are exceptions to the Woodar v. Wimpey position, discussed in Linden Gardens Trust Ltd. v. Lenesta Sludge Disposals Ltd. (also cited as St. Martin's Property Corp. Ltd. v. Sir Robert McAlpine Ltd.) [1994] 1 A.C. 85, [1993] 3 W.L.R. 408, [1993] 3 All E.R. 417, and Darlington B.C. v. Wiltshier Northern Ltd. [1995] 1 W.L.R. 68, (1994) 69 Build. L.R. 1, but the exceptions do not really affect the point of this section.
Re Schebsman [1944] Ch. 83.
Barclays Bank v. Quistclose Investments Ltd. [1970] A.C. 567.
Carreras Rothmans v. Freeman Matthews Treasure Ltd. (in liq) [1985] Ch. 207; [1985] 1 All E.R. 155;
P.J. Millett Q.C. (1985) 101 L.Q.R. 269.
Re E.V.T.R. Ltd. [1987] B.C.L.C. 646; F.T., 8.7.87., noted [1988] Journal of Internartional Banking Law.
Re Nanwa Gold Mines Ltd. [1955] 1 W.L.R. 1080.
Top of page, Main trusts page, List of cases, Back to legal home page , Back to home page
See also the substantive pages on creation of trusts and the nature of equitable title.
This page was last updated on 03 Sep99.
This site is maintained by Paul Todd: p.n.todd@swansea.ac.uk