“The children of the Duke of Manchester’s bigamous second marriage can benefit from his estate, after a judge ruled that the aristocracy cannot ignore the rights of illegitimate offspring.”
Daily Telegraph, 20th July 2011
Source: www.telegraph.co.uk
Sutton and others v England and others [2011] EWCA Civ 637; [2011] WLR (D) 182
“The partition of a trust fund did not necessarily have more than an incidental impact on, or necessarily involve a variation or rearrangement of, the beneficial interests in it. The court therefore had power, in appropriate circumstances, to grant an application by trustees under section 57(1) of the Trustees Act 1925 for the appropriation and partition of trust property.”
WLR Daily, 26th May 2011
Source: www.iclr.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A tiny Cornish community has won a partial victory in its fight against a leading public school.”
Daily Telegraph, 12th September 2010
Source: www.telegraph.co.uk
“We welcome the Government’s acceptance of our recommendations to change the law governing capital and income in trusts.”
Law Commission, 23rd March 2010
Source: www.lawcom.gov.uk
“Leaving property in trust for future generations will be modernised and simplified by the Perpetuities and Accumulations Act 2009.”
Ministry of Justice, 7th January 2010
Source: www.justice.gov.uk
“The statutory trust created by Chap 7 of the Clients Assets Sourcebook (‘CASS 7’) issued by the Financial Services Authority (‘FSA’) took effect upon the receipt, rather than upon the segregation, of client money. Pending segregation of client money, a firm was obliged to take reasonable steps to ensure that, in relation to client money mixed in its house account with the firm’s own money, clients’ rights in relation to that client money were not put at risk, and the client money was not used for the firm’s own purposes. Client money outside the firm’s segregated accounts did not form part of the client money pool (‘CMP’).”
WLR Daily, 17th December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289; [2009] WLR (D) 346
“Although English law might be the law applicable to the question whether a property in France, registered in the name of an income benefit claimant domiciled in England, was held on an implied trust for another, nevertheless, where the whole focus of the admitted common intentions of the claimant and the alleged beneficiary was on the provisions of French succession law as having the closest connection to the property, a social security commissioner was entitled to conclude that French law applied, with the result that there was no implied trust, the claimant was the beneficial owner of the property, and his capital, for income support purposes, exceeded the prescribed amount.”
WLR Daily, 27th November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction a scheme of arrangement which extended to the release of rights over property held by the company under a trust since it did not constitute a compromise or arrangement between the company and its creditors within s 899 of the 2006 Act.”
WLR Daily, 10th November 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The court had no jurisdiction under Pt 26 of the Companies Act 2006 to sanction, so as to make binding on dissentients, a scheme of arrangement which had as its purpose the distribution of property held by a company on trust.”
WLR Daily, 26th August 2009
Source: www.lawreports.co.uk
Please note once a case is fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Easterly Ltd v Headway plc [2009] EWCA Civ 793; [2009] WLR (D) 255
“A partial buy-out of a guaranteed minimum pension was not precluded by statutory obligations.”
WLR Daily, 24th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Foster Wheeler Ltd v Hanley and others [2009] EWCA Civ 651; [2009] WLR (D) 235
“The court considered the principles to be applied by pension scheme trustees when deciding how UK pension schemes were to pay benefits to members following recent developments in European pensions law relating to equalisation of retirement ages.”
WLR Daily, 9th July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225
“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”
WLR Daily, 2nd July 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”
Law Commission, 7th May 2009
Source: www.lawcom.gov.uk
Hammersmith and Fulham London Borough Council v Alexander-David
Court of Appeal
“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”
The Times, 13th April 2009
Source: www.timesonline.co.uk
Serious Organised Crime Agency v Szepietowski and Others
Chancery Division
“There was no exception in the exclusion regime of section 252 of the Proceeds of Crime Act 2002, concerning restrictions on dealing with property, to confine attention to assets vested in trustees while disregarding their personal assets.”
The Times, 6th April 2009
Source: www.timesonline.co.uk
“The Law Commission welcomes the introduction of the Perpetuities and Accumulations Bill in the House of Lords today.”
Full story (PDF)
Law Commission, 1st April 2009
Source: www.lawcom.gov.uk
Serious Organised Crime Agency v Szepietowski and others [2009] EWHC 344 (Ch); [2009] WLR(D) 74
“The statutory exclusion regime concerning restrictions on dealing with property set out in s 252 of the Proceeds of Crime Act 2002 was intended to be self-contained and exhaustive. There was no scope for reading into the scheme an exception for trustees, which would confine attention to assets which were vested in them in a fiduciary capacity and would leave out of account their personal assets.”
WLR Daily, 2nd March 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Serious Fraud Office v Lexi Holdings plc (in Administration) and Another
Court of Appeal (Criminal Division)
“A restraint order should not be varied to allow for the payment of a debt to an unsecured creditor.”
The Times, 18th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Serious Fraud Office v Lexi Holdings plc (in Administration) and M [2008] EWCA Crim 1443; [2008] WLR (D) 235
“A restraint order should not be varied so as to allow for the payment of a debt to an unsecured creditor unless there was no conflict with the object of satisfying any confiscation order that had been or might be made.”
WLR Daily, 11th July 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
© Inner Temple Library 2025