Williams (Respondent) v Central Bank of Nigeria (Appellant) – Supreme Court
Williams (Respondent) v Central Bank of Nigeria (Appellant) [2014] UKSC 10 (YouTube)
Supreme Court, 19th February 2014
Category: constructive trusts
When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers
“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”
Sports Law Bulletin from Blackstone Chambers, 20th May 2013
Source: www.sportslawbulletin.org
Secret commissions and proprietary claims – where are we now? – 11 Stone Buildings
“Practitioners were trained to believe that an agent would hold a bribe on trust for his principal. Then came Sinclair v Versailles which appeared to have decided that the principal’s remedy would be merely personal. Now everything seems to have changed again. In this ‘Insider’ note Peter Head examines the Court of Appeal’s recent decision in FHR European Ventures LLP v Mankarious and considers where we are now.”
Full story (PDF)
11 Stone Buildings, March 2013
Source: www.11sb.com
Cohabitation Update – Zenith Chambers
“The purpose of this seminar is to consider the law on constructive trusts following Jones v. Kernott and recent developments regarding cohabiting couples.”
Full story (PDF)
Zenith Chambers, 25th October 2012
Source: www.zenithchambers.co.uk
Shovelar and others v Lane and others – WLR Daily
Shovelar and others v Lane and others [2011] EWCA Civ 802; [2011] WLR (D) 224
“The question of the effect of mutual wills upon the distribution of an estate under a later will which was admitted to probate was a matter for the Chancery Division, applying the law of trusts, and it was not a matter of probate law and practice. Accordingly, the unsuccessful executors in an action of that nature were not entitled to rely upon the ‘probate rule’ so as to justify departure from the usual costs rule.”
WLR Daily, 12th July2011
Source: www.iclr.co.uk
Neighbours’ High Court feud over curfews, trellises and hosepipes – Daily Telegraph
“A feud between neighbours turned so bitter that one couple tried to impose a curfew preventing the other from leaving their home at night, the High Court has heard.”
Daily Telegraph, 12th March 2009
Source: www.telegraph.co.uk
Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports
Cobbe v Yeoman’s Row Management Ltd and Another
House of Lords
“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”
The Times, 8th September 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only availabe free on Times online for 21 days from the date of publication.
Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily
Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293
“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”
WLR Daily, 15th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.
