Source: All England Reporter
Publisher Citation: [2002] All ER (D) 24 (Mar)
Neutral Citation: [2002] EWCA Civ 227
Court: Court of Appeal, Civil Division

Schiemann, Clarke and Arden LJJ

Representation Bernard Weatherill QC and John McCarroll (instructed by Mace & Jones) for the fifth and sixth defendants.
  John McGhee (instructed by DLA) for H.
Judgment Dates: 4 March 2002


Gift - Incomplete gift - Transfer of shares - Whether delivery of shares necessary.

The Case

An incompletely constituted gift of shares could be upheld if the gift had been completed to such an extent that the donee could enforce his right to the shares as against third parties without forcing the donor to take any further step. Moreover, it was not always necessary that there should have been delivery of the shares: in some circumstances, delivery could be dispensed with.

Practice Areas

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