Category: trusts

Lloyds TSB Bank plc v Markandan & Uddin (a firm) – WLR Daily

Posted February 13th, 2012 in law reports, sale of land, sham transactions, solicitors, trusts by sally

Lloyds TSB Bank plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65a; [2012] WLR (D) 29

“The completion of sale of land and mortgage did not become effective until all executed title documents including mortgage loan agreement and deed in the name of the purchasers or an effective undertaking from the purchaser’s real solicitor or agent to exchange the documents were received by the vendor or his agent. Therefore, a solicitor who had parted with the money entrusted to him by the lender to a purchaser’s fictitious solicitor in exchange for a purported undertaking from the bogus solicitor to exchange and forward those documents committed a breach of trust.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Wedgwood family call on Attorney General to save their museum – Daily Telegraph

Posted January 9th, 2012 in news, pensions, trusts by tracey

“Descendants of Josiah Wedgwood, the 18th-century pottery manufacturer, have called on the Government to intervene to prevent the selling off of the Wedgwood Museum.”

Full story

Daily Telegraph, 9th January 2012

Source: www.telegraph.co.uk

‘Pension unlocking’ loan schemes ruled unlawful – OUT-LAW.com

Posted December 21st, 2011 in loans, news, ombudsmen, pensions, taxation, trusts by tracey

“Loans between pension schemes are ‘unauthorised payments’ which cannot be used as a way of unlocking pension capital before a scheme member retires, the High Court has ruled.”

Full story

OUT-LAW.com, 21st December 2011

Source: www.out-law.com

Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011

Source: www.lawreports.co.uk

Wright and another v Gater and another – WLR Daily

Posted November 9th, 2011 in children, executors, intestacy, law reports, trusts by tracey

Wright and another v Gater and another; [2011] EWHC 2881 (Ch);  [2011] WLR (D)  318

“The court should not in principle regard the postponement of the vesting of an estate as ‘beneficial’.”

WLR Daily,7th November 2011

Source: www.iclr.co.uk

Power and property – a Privy Council ruling grapples with the extent of settlors’ rights – Legal Week

Posted October 6th, 2011 in news, Privy Council, trusts by sally

“XXIV Old Buildings’ Stephen Moverley Smith QC on the impact of a ruling over the powers of a trust’s settlor.”

Full story

Legal Week, 6th October 2011

Source: www.legalweek.com

Duke of Manchester’s illegitimate children have claim to estate, judge rules – Daily Telegraph

Posted July 20th, 2011 in bigamy, child support, children, news, peerages & dignities, trusts by tracey

“The children of the Duke of Manchester’s bigamous second marriage can benefit from his estate, after a judge ruled that the aristocracy cannot ignore the rights of illegitimate offspring.”

Full story

Daily Telegraph, 20th July 2011

Source: www.telegraph.co.uk

 

Sutton and others v England and others – WLR Daily

Posted May 31st, 2011 in appeals, law reports, trusts by sally

Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182

“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”

WLR Daily, 26th May 2011

Source: www.iclr.co.uk

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

Pitt and another v Holt and another; Futter and another v Futter and Others – WLR Daily

Posted March 14th, 2011 in financial advice, law reports, taxation, trusts by sally
“Where trustees, acting within their powers, carried out a transaction which was said to be vitiated by breach of trust on the ground that the trustees failed to have regard to a relevant matter, and where the reason that they did not have regard to it was that they had obtained and acted on advice from apparently competent advisers which turned out to be incorrect, then the charge of breach of trust could not be made out and the transaction was not voidable.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

The Battle for Trevalga: residents win partial victory in fight to stop public school selling hamlet – Daily Telegraph

Posted September 13th, 2010 in housing, land registration, news, trusts, wills by sally

“A tiny Cornish community has won a partial victory in its fight against a leading public school.”

Full story

Daily Telegraph, 12th September 2010

Source: www.telegraph.co.uk

Government accepts our recommendations on modernising trust law – Law Commission

Posted March 26th, 2010 in Law Commission, press releases, reports, trusts by sally

“We welcome the Government’s acceptance of our recommendations to change the law governing capital and income in trusts.”

Full press release

Law Commission, 23rd March 2010

Source: www.lawcom.gov.uk

Law reformed on leaving property in trust for future generations – Ministry of Justice

Posted January 8th, 2010 in news, perpetuities, trusts by sally

“Leaving property in trust for future generations will be modernised and simplified by the Perpetuities and Accumulations Act 2009.”

Full story

Ministry of Justice, 7th January 2010

Source: www.justice.gov.uk

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others – WLR Daily

Posted December 18th, 2009 in client accounts, insolvency, law reports, trusts by sally

Lehman Brothers International (Europe) (in administration) v CRC Credit Fund Ltd and others [2009] EWHC 3228 (Ch); [2009] WLR (D) 371

“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”

WLR Daily, 17th December 2009

Source: www.lawreports.co.uk

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

Martin v Secretary of State for Work and Pensions – WLR Daily

Posted December 1st, 2009 in benefits, conflict of laws, France, law reports, trusts by sally

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346 

“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”

WLR Daily, 27th November 2009

Source: www.lawreports.co.uk

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

In re Lehman Brothers International (Europe) (in administration) (No 2) – WLR Daily

Posted November 12th, 2009 in appeals, company law, law reports, schemes of arrangement, trusts by sally

In re Lehman Brothers International (Europe) (in administration) (No 2) [2009[ EWCA Civ 1161; [2009] WLR (D) 323

“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”

WLR Daily, 10th November 2009

Source: www.lawreports.co.uk

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

In re Lehman Brothers International (Europe) (in administration)(No 2) – WLR Daily

Posted August 27th, 2009 in company law, law reports, schemes of arrangement, trusts by sally

In re Lehman Brothers International (Europe) (in administration)(No 2) [2009] EWHC 2141 (Ch); [2009] WLR (D) 287

“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”

WLR Daily, 26th August 2009

Source: www.lawreports.co.uk

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

Easterly Ltd v Headway plc – WLR Daily

Posted July 27th, 2009 in law reports, pensions, trusts, winding up by sally

Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255

“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”

WLR Daily, 24th July 2009

Source: www.lawreports.co.uk

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

Foster Wheeler Ltd v Hanley and others – WLR Daily

Posted July 10th, 2009 in EC law, equality, law reports, pensions, retirement, trusts by sally

Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235

“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”

WLR Daily, 9th July 2009

Source: www.lawreports.co.uk

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

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd July 2009

Source: www.lawreports.co.uk

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

Capital and income in trusts: classification and apportionment – Law Commission

Posted May 8th, 2009 in apportionment, press releases, trusts by sally

“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”

Full press release

Law Commission, 7th May 2009

Source: www.lawcom.gov.uk