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04 October 2018 / Mark Warwick
Issue: 7811 / Categories: Features
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Words & intentions

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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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