Category: constructive trusts

When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers

Posted May 20th, 2013 in appeals, constructive trusts, fiduciary duty, insolvency, news, trustees in bankruptcy by sally

“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”

Full story

Sports Law Bulletin from Blackstone Chambers, 20th May 2013

Source: www.sportslawbulletin.org

Secret commissions and proprietary claims – where are we now? – 11 Stone Buildings

Posted March 21st, 2013 in agency, appeals, bribery, constructive trusts, news by sally

“Practitioners were trained to believe that an agent would hold a bribe on trust for his principal. Then came Sinclair v Versailles which appeared to have decided that the principal’s remedy would be merely personal. Now everything seems to have changed again. In this ‘Insider’ note Peter Head examines the Court of Appeal’s recent decision in FHR European Ventures LLP v Mankarious and considers where we are now.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

Cohabitation Update – Zenith Chambers

Posted October 30th, 2012 in cohabitation, constructive trusts, news by sally

“The purpose of this seminar is to consider the law on constructive trusts following Jones v. Kernott and recent developments regarding cohabiting couples.”

Full story (PDF)

Zenith Chambers, 25th October 2012

Source: www.zenithchambers.co.uk

Shovelar and others v Lane and others – WLR Daily

Posted July 14th, 2011 in appeals, constructive trusts, costs, executors, law reports, wills by tracey

Shovelar and others v Lane and others [2011] EWCA Civ 802;  [2011] WLR (D)  224

“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”

WLR Daily, 12th July2011

Source: www.iclr.co.uk

Neighbours’ High Court feud over curfews, trellises and hosepipes – Daily Telegraph

Posted March 12th, 2009 in constructive trusts, news, rights of way by sally

“A feud between neighbours turned so bitter that one couple tried to impose a curfew preventing the other from leaving their home at night, the High Court has heard.”

Full story

Daily Telegraph, 12th March 2009

Source: www.telegraph.co.uk

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and Another

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availabe free on Times online for 21 days from the date of publication.

Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily

Posted August 18th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293

“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”

WLR Daily, 15th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.