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United Kingdom resulting trustsconstructive trustsunjust enrichment

Westdeutsche Landesbank Girozentrale v Islington London Borough Council

[1996] AC 669
JurisdictionUnited Kingdom
CourtHouse of Lords
Year1996
StatusBinding authority

Key Principle

Lord Browne-Wilkinson held that a resulting trust arises in two situations: (1) voluntary conveyance where the transferee is not intended to take beneficially, and (2) where a trust fails; property cannot be held on constructive trust unless the conscience of the recipient is affected.

Area of Law

trusts

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Test Claimants in the FII Group Litigation v HMRC (No 2) [2020] UKSC 47
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Investment Trust Companies v Revenue and Customs Commissioners [2017] UKSC 29

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