Journal article
The 'equitable mechanics' of constructive trusts and section 53(1)(c) of the Law of Property Act
- Abstract:
- 'Frenkel v LA Micro Group (UK) Ltd [2024] UKSC 42; [2025] 2 W.L.R. 1' should have been a simple case about the scope of s.53(1)(c) of the Law of Property Act 1925 (the LPA 1925). The issue for the Supreme Court was whether a transaction (by which the beneficiaries of two trusts of shares in a private company agree that, from then on, the trustees are to hold the shares absolutely) required signed writing so as to comply with that section. It was held that the answer to that question was "no". However, the route the Court took to get there was less than straightforward. Theresulting judgment raises a number of questions about equity and the "equitable mechanics" of constructive trusts.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Accepted manuscript, pdf, 67.5KB, Terms of use)
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- Publication website:
- https://search.informit.org/doi/10.3316/informit.T2026051100018990034127646
Authors
- Publisher:
- Sweet and Maxwell
- Journal:
- Law Quarterly Review More from this journal
- Volume:
- 141
- Pages:
- 331-336
- Publication date:
- 2025-07-01
- Acceptance date:
- 2025-02-24
- ISSN:
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0023-933X
- Language:
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English
- Pubs id:
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2092180
- Local pid:
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pubs:2092180
- Deposit date:
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2025-02-26
- ARK identifier:
Terms of use
- Copyright date:
- 2025
- Notes:
- The author accepted manuscript (AAM) of this paper has been made available under the University of Oxford's Open Access Publications Policy, and a CC BY public copyright licence has been applied.
- Licence:
- CC Attribution (CC BY)
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