Continue reading "Trusts: It will be alright on the Knight"
Beneficial ownership: Honesty is the best policy
Continue reading "Beneficial ownership: Honesty is the best policy"
Illegality: Does Patel v Mirza apply in tort?
Continue reading "Illegality: Does Patel v Mirza apply in tort?"
Illegality And Trusts: The straight and narrow?
Continue reading "Illegality And Trusts: The straight and narrow?"
Practice: The long arm of the law
Continue reading "Practice: The long arm of the law"
Illegality And Trusts: Public policy or rule of law?
Continue reading "Illegality And Trusts: Public policy or rule of law?"
O’Kelly v Davies [2014] EWCA Civ 1606
Wills & Trusts Law Reports | March 2016 #157This appeal concerned a dispute over the beneficial ownership of the property whose legal title was at all times held by the appellant alone. At trial, the judge made the following findings:
- (i) A former property had been purchased in the joint names of the respondent and appellant in 1987.
- (ii) In 1991 the legal estate in that property was transferred into the sole name of the appellant to allow her to claim benefits as though she was a single woman living alone. The outstanding mortgage on that property at the time was converted to an endowment secured by a policy...
Common Intention Constructive Trusts: The role of illegality
Continue reading "Common Intention Constructive Trusts: The role of illegality"
Watts v Watts Claim no: HC02C02559
Wills & Trusts Law Reports | December 2014 #145The claimant Arthur Watts (Arthur) sued his brother James Watts (James) in respect of trust transactions in 1998.
In 1967 Geoffrey Watts, the father of Arthur and James, made a settlement in favour of his children and grandchildren. In 1976 this trust fund was split into separate trust funds for each of Geoffrey’s children. James was one of the trustees of Arthur’s trust fund. The main beneficiaries were Arthur in his lifetime and thereafter his legitimate children. Clause 4 allowed the trustees to pay all the capital to Arthur if they considered it to be to his advantage...
Patel v Mirza [2014] EWCA Civ 1047
Wills & Trusts Law Reports | November 2014 #144The appellant was a property dealer and the respondent was a foreign exchange broker, who had a personal spread-betting account with IG Index. In August 2009, a third party informed the appellant of a deal offered by the respondent that involved a bet on the movement in the value of shares in Royal Bank of Scotland (RBS). The defendant claimed to know people who sat in on meetings between the heads of RBS and officials from the government, and it was expected the Chancellor would make a public statement which would have an effect on the share price of RBS. Following an initial telephone ...