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23 November 2012
Issue: 7539 / Categories: Case law , Law digest , In Court
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Trust & trustee

Bieber and others v Teathers Ltd (in liquidation) [2012] EWCA Civ 1466, [2012] All ER (D) 164 (Nov)

In deciding whether particular arrangements involved the creation of a trust, and with it the retention by the paying party of beneficial control of the money, proper account needed to be taken of the structure of the arrangements and the contractual mechanisms involved. It was necessary to be satisfied, not merely that the money when paid was not at the free disposal of the payee, but that, objectively examined, the contractual or other arrangements properly construed were intended to provide for the preservation of the payor’s rights and the control or use of the money through the medium of a trust. Critically, that involved the court being satisfied that the intention of the parties was that the money transferred by the payor should not become the absolute property of the payee but continued to belong beneficially to the payor unless and until the conditions attached to their release were complied with.

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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