Upjohn's opinion. I would venture to amplify this by saying that the court, if called on to execute the trust power, will do so in the manner best calculated to give effect to the settlor's or testator's intentions.
This modification is still more evident in two controversial recent cases: T Choithram International SA v Pagarani [2001] WLR 1 (PC) and Pennington v Waine [2002] EWCA Civ 227, [2002] 1 WLR 2075 (discussed in section 2(c)(4) of this ...
One source of the tension referred to by Lord Goff was to be found in one of the core arguments advanced on behalf of the bank and based on the law of restitution. Before considering the particular argument advanced in the case it is ...
Moffat's Trusts Law
This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v.