27 Oct 2023
The Court held that the money in the 1st defendant's bank account was not subject to a Quistclose trust in favour of the sister company (Trading), and accordingly the garnishee order obtained by the plaintiff in respect of the account credit balance ought to be made absolute.
27 Oct 2023
Leave to appeal to the Court of Final Appeal was granted because the questions on the proper approach to intention for Quistclose trusts and the effect of intra-group common control are matters of general or public importance and present novel and arguable issues warranting determination by the Court of Final Appeal; costs of the leave application were ordered in the cause.
19 Dec 2016
The Court of Appeal upheld the trial judge's factual findings that the Letter of Ownership, signed by all directors, reflected the common intention and created an express trust or, alternatively, a common intention constructive trust in favour of the plaintiff from 8 November 2004; there was no pleaded or evidential basis to treat the mortgage advance or later payments as creating a beneficial interest for D2 or to disturb the judge's findings, and the appeal was therefore dismissed with costs.
12 Nov 2010
On the balance of probabilities the court was not satisfied that the Plaintiff intended to retain the whole beneficial ownership at the time of purchase; evidence of the Defendant's contributions and the parties' conduct supported a shared beneficial interest and there was insufficient evidence of ouster; accordingly the Plaintiff failed to establish a resulting trust or entitlement to occupation rent and the action was dismissed.
13 Jul 1987
No trust was created over the time deposit: there was no intention to create a trust and the class of potential beneficiaries was too uncertain; accordingly the deposit was not and never was subject to any trust and the bank held it free of encumbrance and could pay it out on maturity.