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Air Jamaica Ltd v Charlton
''Air Jamaica Ltd v Charlton'' () (UKPC 20 ) is an English trusts law case, concerning resulting trusts. In it Lord Millett expressed the view that a resulting trust arises because of the absence of intention to benefit a recipient of money.
==Facts==
Air Jamaica Ltd was privatised, the employee pension discontinued, and J$400 million was left over. The pension trust deed clause 13.3 said ‘any balance of the Fund shall be applied to provide additional benefits for Members and after their death for their widows or their designated beneficiaries in such equitable and non-discriminatory manner as the Trustees may determine’. Clause 4 said ‘No moneys which at any time have been contributed by the Company under the terms hereof shall in any circumstances be repayable to the Company’. Air Jamaica Ltd wished to remove clause 4, and change clause 13.3 to say that surpluses would be held on trust for the company.
The Judge held that clause 13.3 was void, going against the rule against perpetuity, and so the surplus passed on trust as ''bona vacantia'' to the Crown. The Court of Appeal held that the surplus should be dealt under the rules of the scheme, by the trustees.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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