| Preface to the Second Edition |
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xix | |
| Guide to the Spotlights Series |
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xxii | |
| Guide to the Website |
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xxiv | |
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xxv | |
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xxxiii | |
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Table of Statutory Instruments |
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xxxvii | |
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Table of European and International Legislation |
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xxxix | |
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1 Equity: Its Meaning, History And Maxims |
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1 | (30) |
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1 | (1) |
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1.1 `Equity' -- what is it? |
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1 | (2) |
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1.2 Our civil court system in the twenty-first century |
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3 | (2) |
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5 | (7) |
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1.3.1 Stepping back in time -- the development of the common law |
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5 | (1) |
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1.3.2 Procedural defects with the common law courts |
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6 | (1) |
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1.3.3 The use of juries in deciding facts in an action |
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7 | (1) |
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1.3.4 Stepping back in time -- the development of the court of equity |
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7 | (2) |
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1.3.5 Equity's fall from grace |
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9 | (2) |
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1.3.6 Reform of the Court of Chancery -- and the triumph of equity |
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11 | (1) |
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1.4 Coming full circle -- back to the twenty-first century |
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12 | (4) |
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12 | (4) |
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1.5 Equity's guiding principles -- its maxims |
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16 | (15) |
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1.5.1 Equity will not suffer a wrong to be without a remedy |
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17 | (1) |
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1.5.2 Equity follows the law |
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18 | (1) |
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1.5.3 Where there is equal equity, the law shall prevail |
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19 | (1) |
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1.5.4 Where the equities are equal, the first in time shall prevail |
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19 | (1) |
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1.5.5 He who seeks equity must do equity |
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20 | (1) |
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1.5.6 He who comes to equity must come with clean hands |
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20 | (2) |
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1.5.7 Delay defeats equities |
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22 | (1) |
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23 | (1) |
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1.5.9 Equity looks to the intent rather than to the form |
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24 | (1) |
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1.5.10 Equity looks on that as done which ought to be done |
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24 | (2) |
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1.5.11 Equity imputes an intention to fulfil an obligation |
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26 | (1) |
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1.5.12 Equity acts in personam |
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26 | (1) |
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27 | (1) |
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28 | (1) |
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28 | (3) |
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2 Classification Of Trusts And Powers |
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31 | (40) |
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31 | (1) |
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31 | (1) |
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32 | (2) |
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2.2.1 The parties typically involved in the creation of an express trust |
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32 | (2) |
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34 | (6) |
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2.3.1 It may have begun like this |
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34 | (1) |
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2.3.2 But it probably began like this |
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35 | (1) |
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2.3.3 The first use of the trust |
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36 | (1) |
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2.3.4 It may have been a bit of both ... or something else entirely! |
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37 | (1) |
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2.3.5 The social and economic consequences of the early trusts |
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38 | (2) |
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40 | (1) |
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2.5 The different types of trust |
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41 | (9) |
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42 | (1) |
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42 | (3) |
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2.5.1.2 The discretionary trust |
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45 | (1) |
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2.5.1.3 The protective trust |
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46 | (1) |
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47 | (1) |
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2.5.2.1 The resulting trust |
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47 | (2) |
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2.5.2.2 The constructive trust |
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49 | (1) |
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2.6 What type of property can be left on trust? |
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50 | (1) |
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51 | (7) |
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2.7.1 When can express trusts be created? |
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51 | (1) |
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2.7.2 It's not all that straightforward: the different types of equitable interest |
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52 | (2) |
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2.7.3 What are the uses of express trusts? |
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54 | (1) |
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54 | (1) |
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55 | (1) |
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56 | (1) |
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2.7.3.4 Taxation avoidance |
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56 | (2) |
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2.8 Powers of appointment |
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58 | (13) |
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2.8.1 Trust or power of appointment? |
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58 | (2) |
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2.8.2 What types of powers of appointment can be given to trustees? |
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60 | (1) |
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61 | (1) |
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2.8.3.1 General powers of appointment |
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62 | (1) |
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2.8.3.2 Special powers of appointment |
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62 | (1) |
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2.8.3.3 Intermediate/hybrid power of appointment |
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62 | (1) |
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2.8.4 The operation of a power |
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62 | (4) |
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66 | (1) |
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67 | (1) |
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67 | (4) |
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71 | (42) |
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71 | (1) |
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3.1 The background to implied trusts |
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71 | (1) |
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3.1.1 The requirement of form |
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71 | (1) |
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3.2 Implied trusts -- a definition |
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72 | (1) |
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72 | (18) |
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3.3.1 Divergence of views of the basis of a resulting trust |
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74 | (2) |
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3.3.2 Category A resulting trusts: from a voluntary transfer |
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76 | (1) |
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3.3.2.1 The presumption of advancement |
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77 | (3) |
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3.3.3 Category B resulting trusts: created where the entire equitable interest is not exhausted |
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80 | (1) |
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3.3.3.1 Category B: where the settlor makes an error |
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80 | (4) |
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3.3.3.2 Category B: where a condition to the operation of the trust has come to an end |
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84 | (6) |
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3.4 The constructive trust |
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90 | (23) |
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3.4.1 The two types of constructive trust: why can it matter? |
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92 | (2) |
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3.4.1.1 Constructive trust --- where one party is the legal owner of the property |
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94 | (2) |
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3.4.1.2 Constructive trust --- from where equity will not suffer a wrong to be without a remedy |
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96 | (8) |
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3.4.2 The constructive trust as a remedial device |
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104 | (4) |
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108 | (1) |
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109 | (1) |
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109 | (4) |
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4 Trust Formation: Capacity And Formalities |
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113 | (40) |
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113 | (1) |
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4.1 The fundamental requirements needed to form an express trust |
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113 | (4) |
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4.1.1 The settlor transfers the entire ownership in the trust property to a trustee |
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114 | (1) |
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4.1.1.1 Formal requirements |
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114 | (1) |
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4.1.1.2 The three certainties |
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115 | (1) |
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4.1.1.3 The beneficiary principle |
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115 | (1) |
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4.1.1.4 The rules against perpetuity |
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115 | (1) |
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4.1.2 The trustee holds the property on behalf of the beneficiary |
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116 | (1) |
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117 | (1) |
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118 | (9) |
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4.3.1 Capacity of the settlor |
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118 | (1) |
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118 | (1) |
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4.3.1.2 Mentally incapacitated individuals |
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119 | (5) |
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4.3.2 Capacity of the trustee(s) |
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124 | (1) |
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4.3.2.1 Children as trustees |
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124 | (1) |
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4.3.2.2 Trust corporations |
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125 | (1) |
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4.3.2.3 Member-nominated trustees |
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126 | (1) |
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4.3.3 Capacity of the beneficiaries |
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127 | (1) |
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127 | (2) |
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4.5 Formality requirements on the declaration of a trust |
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129 | (6) |
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4.5.1 Summary of the main principles of section 53(1)(b) Law of Property Act 1925 |
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134 | (1) |
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4.6 Formality requirements on the disposition of an equitable interest |
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135 | (18) |
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4.6.1 Where the beneficiary asks the trustee to hold their equitable interest for another person |
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136 | (1) |
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4.6.1.1 The literal view: Grey v Inland Revenue Commissioners |
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137 | (1) |
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4.6.1.2 A potential shift away from the literal view: Oughtred v Inland Revenue Commissioners |
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138 | (3) |
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4.6.1.3 The minority's view given credence: Re Holt's Settlement |
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141 | (1) |
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4.6.1.4 A more modern view on the relationship between section 53(1)(c) and section 53(2) |
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142 | (2) |
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4.6.1.5 Where the legal estate is transferred from one trustee to another recipient: does section 53(1)(c) apply? |
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144 | (2) |
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4.6.1.6 Where the beneficiary declares a trust: does section 53(1)(b) or 53(1)(c) apply? |
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146 | (1) |
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4.6.2 Summary of the main principles of section 53(1)(c) Law of Property Act 1925 |
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147 | (1) |
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147 | (1) |
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148 | (1) |
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149 | (4) |
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5 Trust Formation: The Three Certainties |
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153 | (48) |
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153 | (1) |
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5.1 Formation of an express trust |
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153 | (1) |
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5.2 The three certainties |
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154 | (3) |
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154 | (3) |
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5.2.2 Why does English law insist on the need for the three certainties? |
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157 | (1) |
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5.3 Certainty of intention |
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157 | (13) |
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5.3.1 No special words have to be used to display intention |
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158 | (1) |
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5.3.2 But `precatory' (or `begging') words do not create a trust |
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159 | (5) |
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5.3.3 Actions can speak as loud as words |
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164 | (1) |
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5.3.4 Certainty of intention in trusts involving businesses |
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165 | (5) |
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5.3.5 The consequence if certainty of intention is missing |
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170 | (1) |
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5.4 Certainty of subject matter |
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170 | (9) |
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5.4.1 Identification of the trust property |
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171 | (6) |
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5.4.2 Identification of the beneficial interests |
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177 | (2) |
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5.4.3 The consequence if certainty of subject matter is absent |
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179 | (1) |
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179 | (1) |
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5.6 Certainty of object in fixed trusts |
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180 | (4) |
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5.6.1 The concept of a list |
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180 | (2) |
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5.6.2 The list need not be absolutely definitive |
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182 | (1) |
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5.6.3 Untraceable beneficiaries in a fixed trust |
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183 | (1) |
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5.7 Certainty of object in discretionary trusts |
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184 | (17) |
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5.7.1 Why is a power of appointment different to a discretionary trust? |
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186 | (2) |
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5.7.2 The position with discretionary trusts and powers at the end of the 1960s |
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188 | (1) |
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5.7.3 The House of Lords takes stock... |
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189 | (2) |
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5.7.3.1 Re Baden's Deed Trusts (No. 2) -- the sequel... |
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191 | (3) |
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5.7.4 Final note -- a cautionary case... |
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194 | (3) |
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197 | (1) |
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197 | (4) |
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6 Trust Formation: The Beneficiary Principle |
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201 | (32) |
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201 | (1) |
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6.1 Definition of the beneficiary principle |
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201 | (3) |
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6.1.1 Rationale of the beneficiary principle |
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203 | (1) |
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6.2 Exceptions to the beneficiary principle |
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204 | (29) |
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205 | (1) |
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6.2.2 Trusts of imperfect obligation |
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206 | (1) |
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6.2.2.1 Trusts relating to tombs and monuments |
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207 | (1) |
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6.2.2.2 Trusts for the provision of masses in private |
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208 | (3) |
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6.2.2.3 Trusts to benefit a specific animal |
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211 | (1) |
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6.2.2.4 Other categories of trust of imperfect obligation? |
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212 | (1) |
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6.2.3 Purpose trusts but that nonetheless have ascertainable beneficiaries |
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213 | (4) |
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217 | (2) |
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6.2.5 Unincorporated associations |
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219 | (4) |
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6.2.6 Dissolution of an unincorporated association |
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223 | (1) |
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6.2.6.1 Donations primarily by non-members |
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223 | (2) |
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6.2.6.2 Donations by both members and non-members |
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225 | (4) |
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229 | (1) |
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229 | (1) |
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230 | (3) |
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7 Constitution Of A Trust |
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233 | (38) |
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233 | (1) |
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7.1 Constituting the trust and the relationship with creating a trust |
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233 | (1) |
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7.2 Constitution of a trust |
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234 | (3) |
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7.2.1 The relationship between a gift and a trust |
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234 | (3) |
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7.3 How a trust is completely constituted |
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237 | (15) |
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7.3.1 Transfer of legal ownership to a trustee |
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237 | (1) |
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7.3.1.1 Where the trust property is vested in the trustee by circumstance |
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238 | (1) |
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7.3.1.2 The rule in Strong v Bird |
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239 | (3) |
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7.3.1.3 Donatio mortis causa |
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242 | (5) |
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7.3.2 Retention of the legal ownership in the trust property where the settlor declares that he himself is the trustee |
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247 | (1) |
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7.3.2.1 Self-declaration by an individual |
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248 | (1) |
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7.3.2.2 Self-declaration by a business |
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249 | (3) |
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7.4 When a trust is completely constituted |
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252 | (19) |
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252 | (1) |
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7.4.1 The original test -- has the settlor done `everything necessary' to constitute the trust? |
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253 | (4) |
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7.4.2 The changing concept of `everything necessary' |
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257 | (2) |
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7.4.3 The beginnings of equity's interventionist approach: a new test based on `conscience' |
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259 | (2) |
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7.4.4 Equity's interventionist approach taken further: the key case of Pennington v Waine |
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261 | (4) |
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7.4.5 Summary of when a gift will be perfect |
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265 | (1) |
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266 | (1) |
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266 | (1) |
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267 | (4) |
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8 Trustees' Appointment And Removal; Trustees' Fiduciary Duties |
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271 | (36) |
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271 | (1) |
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271 | (1) |
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8.2 Appointment of trustees |
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272 | (5) |
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8.2.1 Appointment by the settlor |
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273 | (1) |
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8.2.2 Appointment under section 36 of the Trustee Act 1925 |
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273 | (2) |
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8.2.3 Appointment by the beneficiaries |
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275 | (1) |
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8.2.4 Appointment by the court |
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275 | (2) |
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8.3 Termination of trusteeship |
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277 | (5) |
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8.3.1 Disclaimer by the trustee |
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277 | (1) |
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8.3.2 Death of the trustee |
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278 | (1) |
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8.3.3 By the trustee's retirement or removal |
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278 | (1) |
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278 | (1) |
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279 | (3) |
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282 | (3) |
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8.4.1 The difference between fiduciary duties, non-fiduciary duties and powers |
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284 | (1) |
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8.5 The trustee's fiduciary duties |
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285 | (22) |
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8.5.1 A trustee must act in good faith |
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285 | (1) |
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8.5.2 A trustee must not make a profit from the trust |
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285 | (1) |
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8.5.2.1 A trustee has no right to charge for administering the trust |
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285 | (3) |
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8.5.2.2 A trustee must not purchase trust property for his own benefit |
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288 | (2) |
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8.5.3 The trustee must not put himself into a position where his duty to the trust and his own interest may conflict |
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290 | (11) |
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8.5.3.1 Summary of this fiduciary duty |
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301 | (1) |
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8.5.4 Not act for his personal benefit or for the benefit of a third party without the consent of the beneficiaries |
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302 | (1) |
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303 | (1) |
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303 | (4) |
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9 Trustees' Non-Fiduciary Duties And Powers |
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307 | (40) |
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307 | (1) |
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9.1 Fiduciary duties, non-fiduciary duties and powers |
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307 | (1) |
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308 | (15) |
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9.2.1 Duties upon appointment as a trustee |
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308 | (1) |
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9.2.2 Duty to act unanimously and personally |
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309 | (1) |
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9.2.3 The functions that a trustee may delegate |
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310 | (1) |
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9.2.4 The people to whom a trustee may delegate functions |
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311 | (1) |
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9.2.5 Steps that trustees must take when delegating their functions |
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312 | (1) |
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312 | (1) |
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9.2.5.2 Review performance |
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313 | (1) |
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9.2.6 Duty to account to the beneficiaries with relevant information about the trust |
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314 | (4) |
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9.2.7 Is a wish letter to be treated differently to other documents? |
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318 | (2) |
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9.2.8 Summary of the duty to account |
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320 | (1) |
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9.2.8.1 Duty to distribute the trust fund |
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320 | (3) |
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323 | (13) |
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9.3.1 A power to invest the trust property |
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324 | (6) |
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9.3.2 Power to maintain a beneficiary |
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330 | (3) |
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9.3.3 A power to advance capital to the beneficiaries before they become entitled to it |
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333 | (3) |
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9.4 Duty of care and skill required of a trustee |
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336 | (11) |
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343 | (1) |
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343 | (1) |
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344 | (3) |
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10 Variation Of A Trust; Setting A Trust Aside |
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347 | (38) |
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347 | (1) |
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10.1 Variation of a trust |
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347 | (2) |
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347 | (2) |
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10.2 Circumstances when a trust can be varied today |
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349 | (26) |
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10.2.1 Varying a trust with the consent of all adult beneficiaries |
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350 | (2) |
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10.2.2 Varying a trust under the court's inherent jurisdiction |
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352 | (1) |
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352 | (1) |
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10.2.2.1 The relatively wide view of the Court of Appeal |
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352 | (1) |
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10.2.2.2 The narrower view of the House of Lords |
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353 | (5) |
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10.2.2.3 Summary of the court's inherent jurisdiction to vary a trust |
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358 | (1) |
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10.2.3 Variation of a trust under statute |
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358 | (1) |
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10.2.3.1 Variation of Trusts Act 1958 |
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358 | (13) |
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10.2.4 Trustee Act 1925, section 57 |
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371 | (3) |
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10.2.5 Trustee Act 1925, section 53 |
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374 | (1) |
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10.2.6 Inheritance (Provision for Family & Dependants) Act 1975 |
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375 | (1) |
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10.3 Setting a trust aside |
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375 | (10) |
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10.3.1 Insolvency Act 1986, section 339 |
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376 | (2) |
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10.3.2 Insolvency Act 1986, section 423 |
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378 | (1) |
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378 | (2) |
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380 | (1) |
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381 | (4) |
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11 Secret Trusts And Half-Secret Trusts: Mutual Wills |
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385 | (34) |
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385 | (1) |
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11.1 Secret trusts and half-secret trusts |
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385 | (2) |
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385 | (1) |
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11.1.2 Background: scandal in the law of trusts! |
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386 | (1) |
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387 | (14) |
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387 | (1) |
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11.2.1.1 First requirement: an intention to impose an obligation on the recipient that the property should be held on trust for the true beneficiary |
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388 | (2) |
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11.2.1.2 Second requirement: the testator must communicate his intention to the recipient |
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390 | (1) |
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11.2.1.3 Can the terms of the secret trust be constructively communicated by the testator to the trustee? |
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391 | (2) |
|
11.2.1.4 Third requirement: the trustee must accept their obligation to administer the trust |
|
|
393 | (1) |
|
11.2.2 Can the property be increased in a secret trust? |
|
|
394 | (1) |
|
11.2.3 The theories underpinning secret trusts: fraud vs the `dehors' the will theories |
|
|
394 | (5) |
|
11.2.4 Secret trusts: modern applications |
|
|
399 | (2) |
|
11.2.5 Summary of fully secret trusts |
|
|
401 | (1) |
|
|
|
401 | (4) |
|
|
|
403 | (2) |
|
11.3.2 Summary of fully and half-secret trusts |
|
|
405 | (1) |
|
|
|
405 | (14) |
|
|
|
406 | (3) |
|
11.4.2 Mutual wills v two identical wills |
|
|
409 | (1) |
|
11.4.3 Revocation of mutual wills |
|
|
410 | (1) |
|
11.4.4 Mutual wills and the constructive trust |
|
|
411 | (3) |
|
11.4.5 Mutual wills -- the future |
|
|
414 | (1) |
|
|
|
415 | (1) |
|
|
|
415 | (1) |
|
|
|
416 | (3) |
|
12 Remedies For Breach Of Trust Against Trustees |
|
|
419 | (42) |
|
|
|
419 | (1) |
|
|
|
419 | (6) |
|
12.1.1 Who is liable for a breach of trust? |
|
|
420 | (3) |
|
12.1.2 A trustee is not always liable for breach of trust... |
|
|
423 | (2) |
|
12.2 Monetary remedies available for breach of trust |
|
|
425 | (11) |
|
12.2.1 Background to monetary awards |
|
|
425 | (1) |
|
12.2.2 `Compensation': restoration v equitable compensation |
|
|
426 | (7) |
|
|
|
433 | (1) |
|
12.2.4 Restoration v equitable compensation: a strategic choice |
|
|
434 | (1) |
|
12.2.5 Where the two remedies are available, the trust must choose between restoration and equitable compensation |
|
|
435 | (1) |
|
12.3 Exclusion of liability for breach of trust |
|
|
436 | (4) |
|
12.4 Defences and mitigating circumstances for breach of trust |
|
|
440 | (21) |
|
12.4.1 The (curtailed) rule in Re Hastings-Bass |
|
|
440 | (7) |
|
12.4.2 Indemnity by a co-trustee |
|
|
447 | (1) |
|
12.4.3 Indemnity if the breach of trust is committed by a solicitor-trustee |
|
|
448 | (1) |
|
12.4.4 Indemnity if the breach of trust is committed by a beneficiary-trustee |
|
|
448 | (1) |
|
12.4.5 Participation by or consent of a beneficiary in the breach of trust |
|
|
449 | (1) |
|
12.4.6 Release by the beneficiaries |
|
|
450 | (1) |
|
12.4.7 Impounding the interest of a beneficiary |
|
|
451 | (1) |
|
12.4.8 Trustee Act 1925, section 61 |
|
|
452 | (3) |
|
12.4.9 Limitation Act 1980, section 21 |
|
|
455 | (1) |
|
12.4.10 The doctrine of laches |
|
|
455 | (2) |
|
|
|
457 | (1) |
|
|
|
457 | (1) |
|
|
|
457 | (4) |
|
13 Tracing; Actions Against Strangers To The Trust |
|
|
461 | (42) |
|
|
|
461 | (1) |
|
|
|
461 | (7) |
|
13.1.1 Tracing v following |
|
|
464 | (4) |
|
13.2 Tracing at common law |
|
|
468 | (8) |
|
13.2.1 The ability to trace at common law |
|
|
469 | (5) |
|
13.2.2 The remedy at common law if tracing is successful |
|
|
474 | (2) |
|
|
|
476 | (10) |
|
13.3.1 Tracing in mixed funds: two innocent parties |
|
|
478 | (1) |
|
13.3.2 Tracing in mixed funds: where the trustee mixes his own money with a beneficiary's |
|
|
479 | (2) |
|
13.3.3 Tracing in mixed funds: where a trustee purchases property with mixed funds |
|
|
481 | (1) |
|
13.3.4 Tracing in equity: the remedy |
|
|
482 | (2) |
|
13.3.5 Tracing and timing |
|
|
484 | (1) |
|
|
|
485 | (1) |
|
13.4 Actions against strangers to the trust |
|
|
486 | (17) |
|
13.4.1 Accessory liability |
|
|
488 | (1) |
|
|
|
488 | (1) |
|
13.4.1.1 The Privy Council's first attempt to define `dishonesty'... |
|
|
488 | (1) |
|
13.4.1.2 The House of Lords' attempt to define `dishonesty'... |
|
|
489 | (2) |
|
13.4.1.3 The Privy Council's second attempt at `dishonesty'... |
|
|
491 | (2) |
|
13.4.1.4 The Court of Appeal's attempt at `dishonesty': Barlow Clowes applied |
|
|
493 | (2) |
|
13.4.2 Recipient liability |
|
|
495 | (3) |
|
|
|
498 | (1) |
|
|
|
499 | (4) |
|
14 Trusts Of The Family Home |
|
|
503 | (40) |
|
|
|
503 | (1) |
|
14.1 The typical scenario |
|
|
503 | (1) |
|
14.2 The relationship with the rules of formality |
|
|
504 | (1) |
|
14.3 Case law pre--Lloyds Bank v Rosset |
|
|
504 | (6) |
|
14.3.1 Summary of Pettitt v Pettitt and Gissing v Gissing |
|
|
508 | (1) |
|
14.3.2 Developments by Lord Denning MR... |
|
|
508 | (2) |
|
14.4 The leading case today: Lloyds Bank v Rosset |
|
|
510 | (16) |
|
14.4.1 Examples of Rosset category 1 trusts |
|
|
513 | (1) |
|
14.4.1.1 The `excuse' cases... |
|
|
513 | (2) |
|
14.4.1.2 A clear agreement case... |
|
|
515 | (1) |
|
14.4.1.3 Time for assessing detrimental reliance in a Rosset category 1 trust |
|
|
516 | (1) |
|
14.4.1.4 Rosset category 1 trusts: the agreement must be shared between the parties |
|
|
517 | (1) |
|
14.4.2 Examples of Rosset category 2 trusts |
|
|
517 | (3) |
|
14.4.2.1 Indirect contributions: are they enough to establish a Rosset second category trust? |
|
|
520 | (6) |
|
14.5 Quantification of the equitable interest |
|
|
526 | (17) |
|
14.5.1 Quantification of Rosset category 1 trusts |
|
|
526 | (1) |
|
14.5.2 Quantification of Rosset category 2 trusts |
|
|
527 | (7) |
|
14.5.3 The latest Supreme Court pronouncement on quantification: Jones v Kernott |
|
|
534 | (3) |
|
|
|
537 | (1) |
|
|
|
538 | (1) |
|
|
|
539 | (4) |
|
|
|
543 | (44) |
|
|
|
543 | (1) |
|
|
|
543 | (1) |
|
15.2 Charity administration |
|
|
544 | (5) |
|
15.2.1 The advantages of enjoying charitable status |
|
|
544 | (1) |
|
|
|
544 | (1) |
|
|
|
545 | (2) |
|
15.2.2 The Charity Commission |
|
|
547 | (2) |
|
15.3 Definition of a charity |
|
|
549 | (4) |
|
15.4 First requirement of charitable status: there must be a charitable purpose |
|
|
553 | (21) |
|
15.4.1 The prevention or relief of poverty |
|
|
553 | (6) |
|
15.4.2 The advancement of education |
|
|
559 | (1) |
|
|
|
559 | (2) |
|
|
|
561 | (2) |
|
|
|
563 | (1) |
|
15.4.3 The advancement of religion |
|
|
563 | (2) |
|
15.4.4 The advancement of health or the saving of lives |
|
|
565 | (1) |
|
15.4.5 The advancement of citizenship or community development |
|
|
566 | (1) |
|
15.4.6 The advancement of the arts, culture, heritage or science |
|
|
567 | (1) |
|
15.4.7 The advancement of amateur sport |
|
|
567 | (2) |
|
15.4.8 The advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity |
|
|
569 | (2) |
|
15.4.9 The advancement of environmental protection or improvement |
|
|
571 | (1) |
|
15.4.10 The relief of those in need by reason of youth, age, ill-health, disability, financial hardship or other disadvantage |
|
|
572 | (1) |
|
15.4.11 The advancement of animal welfare |
|
|
572 | (1) |
|
15.4.12 The promotion of the efficiency of the armed forces of the Crown, or of the efficiency of the police, fire and rescue services or ambulance services |
|
|
573 | (1) |
|
|
|
573 | (1) |
|
15.5 Second requirement of charitable status: there must be public benefit |
|
|
574 | (7) |
|
15.5.1 The `personal nexus' test: Oppenheim v Tobacco Securities Trust Co Ltd |
|
|
574 | (2) |
|
15.5.1.1 Is the public benefit requirement different in trusts for the prevention or relief of poverty? |
|
|
576 | (1) |
|
15.5.2 `Section of the community' |
|
|
577 | (1) |
|
15.5.3 Public benefit and trusts for the advancement of religion |
|
|
578 | (1) |
|
15.5.4 The Charity Commission's guidance on public benefit |
|
|
578 | (1) |
|
15.5.4.1 The `benefit aspect' |
|
|
579 | (1) |
|
15.5.4.2 The `public aspect' |
|
|
579 | (2) |
|
15.6 Third requirement of charitable status: the objects must be exclusively charitable |
|
|
581 | (6) |
|
|
|
582 | (1) |
|
|
|
583 | (4) |
|
|
|
587 | (24) |
|
|
|
587 | (1) |
|
16.1 Definition of cy-pres |
|
|
587 | (13) |
|
16.1.1 Exceptions to cy-pres |
|
|
588 | (1) |
|
16.1.1.1 The charity continues in another form |
|
|
588 | (1) |
|
16.1.1.2 There is a gift for the purposes of an unincorporated association |
|
|
589 | (1) |
|
16.1.1.3 The charitable institution has been described incorrectly |
|
|
590 | (1) |
|
16.1.2 Cy-pres and general charitable intention |
|
|
591 | (1) |
|
16.1.3 General charitable intention by the donor |
|
|
592 | (1) |
|
16.1.3.1 Subsequent failure |
|
|
592 | (2) |
|
|
|
594 | (1) |
|
16.1.3.3 Instances where general charitable intention has been found... |
|
|
594 | (3) |
|
16.1.3.4 Instances where no general charitable intention has been found... |
|
|
597 | (1) |
|
16.1.4 The consequences of cy-pres applying |
|
|
598 | (1) |
|
16.1.5 Summary of the main principles of cy-pres |
|
|
599 | (1) |
|
16.2 Charities Act 2011, section 62 |
|
|
600 | (6) |
|
|
|
600 | (2) |
|
16.2.1 Where the original purposes have been carried out or cannot be carried out |
|
|
602 | (1) |
|
16.2.2 If the original purposes provided for a use for part only of the property |
|
|
603 | (1) |
|
16.2.3 Where the property and other property can be used more effectively together |
|
|
603 | (1) |
|
16.2.4 Where the original purposes were set out by reference to an area or a class of people which have ceased to be suitable |
|
|
603 | (1) |
|
16.2.5 Where the original purposes of the charitable gift have ceased |
|
|
604 | (2) |
|
16.3 Charities Act 2011, section 63 |
|
|
606 | (5) |
|
|
|
607 | (1) |
|
|
|
607 | (1) |
|
|
|
608 | (3) |
|
17 Equitable Remedies; Proprietary Estoppel |
|
|
611 | (40) |
|
|
|
611 | (1) |
|
17.1 Equitable remedies background |
|
|
611 | (21) |
|
|
|
612 | (1) |
|
17.1.1.1 Prohibitory injunction |
|
|
613 | (2) |
|
17.1.1.2 Mandatory injunction |
|
|
615 | (2) |
|
17.1.1.3 Quia timet injunction |
|
|
617 | (1) |
|
|
|
618 | (1) |
|
|
|
619 | (3) |
|
17.1.2 Specific performance |
|
|
622 | (1) |
|
17.1.2.1 The sale of land |
|
|
623 | (1) |
|
17.1.2.2 The sale of chattels |
|
|
624 | (1) |
|
17.1.2.3 The sale of shares |
|
|
624 | (1) |
|
17.1.2.4 Employment obligations |
|
|
625 | (1) |
|
|
|
626 | (1) |
|
|
|
627 | (1) |
|
|
|
627 | (1) |
|
17.1.3.3 Where restitutio in integrum is impossible |
|
|
627 | (1) |
|
17.1.3.4 Where a bona fide purchaser of a legal estate for value without notice acquires an interest in the property |
|
|
628 | (1) |
|
|
|
628 | (3) |
|
17.1.5 Summary of equitable remedies |
|
|
631 | (1) |
|
17.2 Proprietary estoppel |
|
|
632 | (19) |
|
|
|
632 | (1) |
|
17.2.1 The relationship between the two types of estoppel: promissory and proprietary |
|
|
633 | (1) |
|
17.2.2 The requirements to establish proprietary estoppel |
|
|
633 | (1) |
|
|
|
634 | (1) |
|
|
|
634 | (1) |
|
|
|
635 | (6) |
|
|
|
641 | (1) |
|
|
|
642 | (1) |
|
|
|
642 | (2) |
|
|
|
644 | (1) |
|
17.2.6.1 Equitable compensation |
|
|
645 | (1) |
|
17.2.6.2 Proprietary interest |
|
|
645 | (1) |
|
17.2.7 Proprietary estoppel v the constructive trust |
|
|
646 | (1) |
|
|
|
647 | (1) |
|
|
|
647 | (1) |
|
|
|
648 | (3) |
| Index |
|
651 | |
Rohkem infot Taylor & Francis e-raamatute kohta