The only other reasoned decision was Lord Hoffmann, who agreed with Lord Millett, though disagreed as to whether it was an express or resulting trust.
42.
The Law of Property Act 1925 section 60 ( 3 ) states that a resulting trust does not arise simply with absence of an express intention.
43.
As it was a loan, I think it is quite inconsistent with that to say that it could create a resulting trust at the same time.
44.
There was no transfer of money to the local authority on express trusts : therefore a resulting trust of type ( B ) above could not arise.
45.
If there is no evidence either way of intention to benefit someone with a property transfer, the presumption of a resulting trust is transferred is not absolute.
46.
Theoretically this was controversial because it was unnecessary to reject that resulting trusts respond to unjust enrichment in order to deny that a proprietary remedy should be given.
47.
A court case later decided that the fund was not charitable and was not saved by the Charitable Trusts ( Validation ) Act 1954; that the resulting trust.
48.
In a common law system, a resulting trust law is a creation of the law of equity rather than of common law ( in the strict sense ).
49.
Where a settlement of property on a third party trustee by a settlor fails, the property is usually said to be held on resulting trusts for the settlor.
50.
A resulting trust is not imposed by law against the intentions of the trustee ( as is a constructive trust ) but gives effect to his presumed intention.
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