Advanced Search Abstract The constructive trust is a rubric from within which a court will select an appropriate specific remedy when it intends to impose liability upon a defendant as if he were a trustee.
Equity developed in the early Middle Ages as a means of alleviating the strict application of legal rules by the then Royal Courts, collectively known as the Courts of Common Law. Those aggrieved would petition the Crown.
The appeals were eventually handed over to the Lord Chancellor, then the Crown's principal minister and usually an ecclesiastic. Hence the origins of the jurisdiction as a court of conscience. As anyone who has read Dickens?
Bleak House will know, by the 18th Century, equity had itself become rigid. The origins of the jurisdiction have, however, prevailed and the principles of equity can now be applied in every civil court in the land.
One of equity's greatest inventions has been the Trust. Trust law applies whenever one person has placed trust and confidence in another person to manage his or her affairs.
The full force of the law of equity governs such relationships and the trust now provides a mechanism for a number of situations, family relationships, charities, pension funds, to name but a few.
Aside from fascinating concepts such as proprietary estoppel and secret trusts, which allow the courts to circumvent formalities in the dealing of property which have been deliberately prescribed by Parliament, an understanding of trusts requires an understanding of a whole variety of technical terms, fiduciary, beneficiary, express trusts, fixed trusts, discretionary trusts, resulting trusts, constructive trusts, purpose trusts, charitable trusts, proprietary and personal remedies.
It is no small wonder that Commercial Chancery Barristers specialists in this subject are probably amongst the highest earners at the Bar!He is particularly interested in the intersection between trusts/property and restitution, and a number of his articles on this topic have been cited in the English courts, most notably in Westdeutsche Landesbank Girozentrale v Islington LBC  AC Comment on Westdeutsche Landesbank Girozentrale v Islington LBC  UKHL 12,  AC , re restitution of money paid under void swaps loan contract between bank and local authority.
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DETAILED CONTENTS Preface xv Table of cases xix Table of statutes xxvii Statutory instruments xxix 1 Law and equity and an introduction to the trust 1 English law and two types of ownership 1 Equitable and legal title: Westdeutsche Landesbank Girozentrale v Islington LBC 1 Ownership and land: conceptual peculiarities and difficulties over terminology 4 Early history of.
When Lord BrownWilkinson, in his obiter remark in Westdeutsche Landesbank Girozentrale v Islington LBC, stated that all resulting trusts should be considered presumed trusts, it was a moment of much significance.
Mar 18, · This time for Local Government law. As always feedback is welcome. Westdeutsche Landesbank Girozentrale v Islington LBC Council to repay money paid for ultra vires purpose with compound interest CA Report: Independent Date: January 5, Westdeutsche Landesbank Girozentrale v Islington LBC Money paid for ultra vires swap transaction.