03. Express trusts - certanties, constitution etc. web links

03. Express trusts - certanties, constitution etc. web links

John Child, Purposive Construction in the Law of Trusts [2000] PCB 238
http://www.kessler.co.uk/wp-content/uploads/2012/04/Child_PurposiveConstructionintheLawofTrusts.pdf

When the mail-order Christmas Hamper firm farepak went insolvent just before Christmas 2006, it became a big news story nationwide. See the BBC news item “Bleak Christmas for hamper firm” (http://news.bbc.co.uk/1/hi/business/6054882.stm). For the trusts law issues raised by the case see Re Farepak Foods and Gifts Limited (In Administration) [2006] EWHC 3272 (Ch)
http://www.bailii.org/ew/cases/EWHC/Ch/2006/3272.html

The Mental Capacity Act 2005 came fully into force on 1 October 2007
http://www.dca.gov.uk/menincap/legis.htm

The following is a link to a web site containing an enthusiast's account of the so-called Shavian alphabet. The will of George Bernard Shaw failed in its attempt to establish a trust for the purpose of research into this alphabet (Re Shaw [1957] 1 W.L.R. 729). The trust was held not to be a trust for the charitable purpose and therefore failed as being a trust purely for private purposes. However, the residuary beneficiaries of his will graciously awarded a prize to the best translation into the alphabet of one of Shaw's plays, and the alphabet has had enthusiastic supporters ever since.
http://www.omniglot.com/writing/shavian.htm

John Mowbray Q.C. 'Choosing Among the Beneficiaries of Discretionary Trusts'
http://www.kessler.co.uk/wp-content/uploads/2013/07/Mowbray-Choosing-Among-the-Beneficiaries.pdf

A full text article on the discretion in discretionary trusts, from the website of James Kessler, Barrister, the author of Drafting Trusts and Will Trusts (London: Sweet & Maxwell)
Hunting Act 2004
http://www.opsi.gov.uk/acts/acts2004/ukpga_20040037_en_1

"Will leaves cat in clover" (BBC news report)
http://news.bbc.co.uk/1/hi/england/london/3003239.stm

Constitution of trusts

Law Commission 'Contracts for the Benefit of Third Parties' Report No. 242 (1996) Cmnd 3329.
http://lawcommission.justice.gov.uk/publications/privity-of-contract.htm

The case report of Pennington v Waine (2002) CA
http://www.bailii.org/ew/cases/EWCA/Civ/2002/227.html

Contracts (Rights of Third Parties) Act 1999
http://www.legislation.gov.uk/ukpga/1999/31/contents

King v. Chiltern Dog Rescue (a.k.a King v Dubrey)
http://www.bailii.org/ew/cases/EWCA/Civ/2015/581.html
Court of Appeal on donatio mortis causa

Day v Royal College of Music (2013) (a.k.a Day v Harris [2013] EWCA Civ 191)
http://www.bailii.org/ew/cases/EWCA/Civ/2013/191.html
Court of Appeal decision on the rule in Strong v Bird

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