Trusteeship, Ostensible Authority, and Land Registration: the category error in Wishart
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Peer-reviewed
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Authors
Televantos, Andreas I
Abstract
This article sets out the relationship between trusteeship, agency, and the doctrine of ostensible authority. It argues that the decision of the Court of Appeal in Wishart v Credit and Mercantile incorrectly conflated the rules concerning the authority of trustees and agents in way which creates wider problems for the law of trusts. It contends that the decision rested on a misunderstanding of the Brocklesby principle, the doctrine of ostensible authority more generally, as well as the scope and purpose of the Land Registration Act 2002. It will be suggested that later courts should depart from the reasoning in the judgment insofar as it concerns both the general law and the rules governing registered land.
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Journal Title
The Conveyancer and Property Lawyer
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Volume Title
80
Publisher
Sweet & Maxwell