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Words & intentions

04 October 2018 / Mark Warwick
Issue: 7811 / Categories: Features
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Can there be an express declaration of trust, without any declaration? Mark Warwick QC investigates

  • Reviews the Court of Appeal decision in Ong v Ping on whether a trust can be created without declaration.

Contrary to expectation, the Court of Appeal recently stated that it is possible to create a trust by express declaration, without there being a declaration. The case in question is Ong v Ping [2017] EWCA Civ 2069, [2017] All ER (D) 68 (Dec). The parties were various family members. On one side was a mother (Jane) and her three children. On the other side was Jane’s brother in law (Ping). In 1988 Jane began litigation, alleging that a large house in Highgate (the house) was held upon trusts in her favour. Nearly 30 years later, after extensive litigation in England and Singapore, an English judge (Morgan J) decided that the house was held upon trusts, but these did not benefit Jane, rather other family members. The Court of Appeal upheld the judge’s decision.

It is in the course of the lead judgment

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

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Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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