Equity and Trusts

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Intention and the Resulting Trust – A Critical Response to Lord Browne-Wilkinson’s 1996 statement

• Published 6m ago - Jamie Newbery

Introduction In Westdeutsche Landesbank v Islington, Lord Browne-Wilkinson weighed in on the debate as to the theoretical basis of the resulting trust: ‘Both types of resulting trust are traditionally regarded as examples of trusts giving effect to the common ... More »

A critical response to Lord Neuberger’s statement on the Remedial Constructive Trust.

• Published 7m ago - Prairie Moat

[37] “Whether a proprietary interest exists or not is a matter of property law, and is not a matter of discretion. […] It follows that the courts of England and Wales do not recognise a remedial constructive trust as opposed to an institutional constructive tr... More »