[2023] UKSC 50-52
marcuscleaver · [2023] UKSC 50-52 This week on the podcast we cover three cases relating to private international law, trusts, and the tort of negligence. uklawweekly.substack.com/subscribe Music from bensound.com
Category Archives: Equity & Trusts
Matthew v Sedman [2021] UKSC 19
marcuscleaver · Matthew v Sedman [2021] UKSC 19 The law doesn’t recognise a fraction of a day but what happens when the clock starts at midnight? Does that count as a full day or only part of the a day? Music from bensound.com uklawweekly.substack.com/subscribe
Routier v Commissioners for HMRC [2019] UKSC 43
The relationship between the Channel Islands and the UK is fairly settled but in this case a new element is added into the equation: the European Union. The background to the dispute is relief from inheritance tax but in these proceedings the Supreme Court also
Equity & Trusts – Constructive Trusts
As Millett LJ noted in Paragon Finance v DB Thakerar & Co [1998], Constructive trusts arise “whenever the circumstances are such that it would be unconscionable for the owner of property (usually but not necessarily the legal estate) to assert his own beneficial interest in the property and deny the beneficial interest of another”.
Equity & Trusts – Breach of Trust
There are essentially two types of remedy available in this area: *in personam (against the person for breach of a duty of care etc.) *in rem (against the property, normally when you are trying to get it back) There also happen to be two types
Equity & Trusts – Powers and Duties of Trustees
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
New video: Secret and Half-Secret Trusts
Secret and half-secret trusts do not meet the formalities set out in section 9 of the Wills Act 1837 but are still enforced by the courts to promote equity, justice and fairness as well as to prevent unjust enrichment and fraud. These types of trust
Equity & Trusts – Resulting Trusts
The term resulting trusts comes from the Latin term “resalire” meaning to jump back and we will see how this applies to property. In Westdeutsche Landesbank v Islington LBC [1996] Lord Browne-Wilkinson identified two examples of resulting trusts: 1) Where a settlor attempts to create
Akers v Samba Financial Group [2017] UKSC 6
Shares worth more than $300m were transferred to Samba Financial Group from Al-Sanea who held those shares on trust for Saad Investments Co Ltd. The problem was that Saad Investments Co Ltd had already gone into liquidation six weeks prior. In examining whether this transaction
Ilott v The Blue Cross [2017] UKSC 17
When Mrs Jackson died and left her daughter nothing because of a family dispute that had spanned decades, legal action always looked likely. Jackson’s daughter argued that she should be entitled to maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 but the