“…“cannot short circuit an unrescinded contract simply by alleging a constructive trust”. In a similar vein, Millett LJ, whose views were endorsed on appeal (see [2000] 1 AC 293, at 305 and 310) said in Ingram v Inland Revenue Commissioners [1997] 4 All ER 395 of “the rule which precludes a trustee from purchasing the trust property”, …”
“…ble for Lady Ingram to grant a valid lease to her solicitor (Mr Macfayden) as nominee. In a dissenting judgment (subsequently approved by the House of Lords at [2000] 1 AC 293, 305) Millett LJ said at 424:…”
“…ase. In the House of Lords the case was decided on a different point, but Lord Hoffmann expressly approved the dissenting judgment of Millett LJ on this point: [2000] 1 AC 293, 305.…”
“…The policy of section 102 was considered by Lord Hoffmann in his speech in Ingram v IRC [2000] 1 AC 293 at 304-305, where he said (with the agreement of Lords Browne-Wilkinson, Steyn and Clyde):…”