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Westdeutsche Landesbank
Interest rate swap contract became void. Held no RT, no intention to create a trust and no separation of legal and beneficial title. No unjust enrichment as no knowledge or unconscionability.
Foskett
Knowledge-based wrongdoing is needed for RT.
Prest v Petrodel Resources Ltd
Corporate veil couldn't be pierced under s24(1) MCA but the properties were held on RT for Mr Prest. Despite s60(3), presumption applied due to Mr Prest's lack of disclosure and control over companies. s60(3) doesn't bar RT where necessary to prevent unconscionable outcomes.
Fowkes v Pascoe
Wealthy woman purchased annuities in her and younger man's name. Looked at evidence to determine it was a gift.
Bennett v Bennett
Fathers are presumed to be making a gift when transferring property to their children.
Re Eykyn's Trusts
Transfer to wife is presumed to be a gift.
Re Vinogradoff
Grandmother transferred stock jointly with granddaughter. No gift intended, held on RT.
Warren v Gurney
Father transferred property to daughter but kept title deeds. No gift intended.
Antoni v Antoni
'Parent intends to make a gift to the child.'
Adaowa v Close Invoice Finance Ltd
'It is equally likely that she will intend to confer such a benefit as a father is.'
Re Ames Settlement
Marriage settlement failed when marriage annulled due to lack of consummation. RT for settlor.
Vandervell v IRC
Exercise of option to purchase operated as a failed express trust due to uncertainty of objects. Found a RT
Air Jamaica
Surplus funds of pension scheme (invalid, failure to comply wth perpetuity rules) resulted back to contributors.
Re Gillingham Bus Disaster Fund
Trust fund set up for Vs for funeral and their debts and 'such worthy cause'. No certainty of objects. Not charitable to be a public trust. Surplus funds resulted back to donors.
Re West Sussex Constabulary's Trusts
Police benevolent fund dissolved, remaining funds resulted back to the identifiable donors.
Davis v Richards
Surplus pension funds (£3m) resulted back to employer contributors rather than being divided amongst employee contributors
Re Vandervell's Trusts (No 2)
V executed deed successfully divesting beneficial interest and extinguishing RT. Estate not liable for tax.
Barclays Bank v Quistclose
Q lent money to Rolls Razor Ltd. Funds placed in separate Barclays account, but before payments made, went into liquidation. Money was held on trust for Q. Loan had a purpose, this failed and was held in a separate account (not part of general assets, intent to create trust).
Twinsectra Ltd
Lord Millett characterised 'Quistclose' trusts as a species of RT. Lender retains beneficial interest ab initio until the purpose is fulfilled.
Carreras Rothmans Ltd
'Since the moneys had been placed in a special account for a specific purpose, equity required that the money were used only for the purpose.'
Wilberforce in Quistclose
Sui generis trust with 2 stages: express then ART.
Re EVTR
Money used for specific purpose but objective not achieved. Money was replayable.
Re Kayford Ltd
Placing money in separate bank account created a trust.