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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 ...
In common law jurisdictions, a resulting trust is an equitable creation, rather than a common law concept. Consequently, equitable defenses like laches , unclean hands , and the duty to do equity may be recognized in some jurisdictions.
The result, it is argued, is that English law's continued prohibition on non-charitable purpose trusts is antiquated and ineffective, and is better removed so that money remains "onshore". This would also have the consequence, like in the US or the tax haven jurisdictions, that public money would be used to enforce trusts over vast sums of ...
Westdeutsche Landesbank Girozentrale v Islington LBC [1996] UKHL 12, [1996] AC 669 (22 May 1996) is a leading English trusts law case concerning the circumstances under which a resulting trust arises. It held that such a trust must be intended, or must be able to be presumed to have been intended.
Constructive trust, resulting trust, equity Hussey v Palmer [1972] EWCA Civ 1 is an English trusts law case of the Court of Appeal . It concerned the equitable remedy of constructive trusts .
The two-part trust structure (primary and secondary trusts) explained by Lord Wilberforce in Quistclose does not appear elsewhere in English trusts law, and the type of trust used affects the rights available to the parties. [9] Quistclose trusts have variously been considered resulting, express or constructive in nature.
By contrast, Lord Hoffmann characterised the trust as being an express, rather than a resulting trust. Although there may not have been words used to this effect, the solicitor's undertaking that the money should only be used for one purpose so that the money is not at the borrower's free disposal, was sufficient intent to create a trust.
Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so. This case was the first in a series of decisions involving Tony Vandervell's trusts and his tax ...