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The theoretical justification for resulting trusts was discussed by the Privy Council, in Air Jamaica v Charlton, [7] where Lord Millet said that "Like a constructive trust, a resulting trust arises by operation of law, though unlike a constructive trust it gives effect to intention. But it arises whether or not the transferor intended to ...
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to hold the property for the benefit of another person. The trust property is said to "result" or revert to the transferor (as an implied settlor).
The presumption of a resulting trust was rebutted. If there is no evidence either way of intention to benefit someone with a property transfer, the presumption of a resulting trust is transferred is not absolute. The Law of Property Act 1925 section 60(3) states that a resulting trust does not arise simply with absence of an express intention ...
In my view that is the position here. As it was a loan, I think it is quite inconsistent with that to say that it could create a resulting trust at the same time. I accept as a correct statement of law the short passage in Underhill's Law of Trusts and Trustees, 12th ed. (1970), p. 210, in these words: [2]
Air Jamaica Ltd v Charlton [1999], UKPC 20, is an English trusts law case concerning resulting trusts. In this case, Lord Millett expressed the view that a resulting trust arises due to the absence of intention to benefit a recipient of money.
The Court of Appeal held that the father could demand return of the shares, because his illegal scheme had not in fact been carried into effect. Millett LJ said it was true that an illegal purpose cannot rebut the presumption of advancement, but because the illegal purpose had not been carried out, the father was not precluded of pleading the purpose to claim a resulting trust.
Tinsley v Milligan [1993] UKHL 3 is an English trusts law case, concerning resulting trusts, the presumption of advancement and illegality. The decision was criticised as "creating capricious results". [1] It has now been overruled by Patel v Mirza [2016] UKSC 42.
Gissing v Gissing [1970] UKHL 3 is an English land law and trust law case dealing with constructive trusts arising in relationships between married couple. It may no longer represent good law, since the decisions of Stack v Dowden and Jones v Kernott .