Declaring trusts of land: signature by agents— National Iranian Oil Co v Crescent Gas Corp Ltd Part 1

With the case now expected to go to the Supreme Court, this article is a critical appraisal of two key parts of the Court of Appeal’s decision on Law of Property Act 1925, s 53(1)(b), in National Iranian Oil Co v Crescent Gas Corp Ltd [2025] EWCA Civ 1211, (2025) 28 ITELR 244. First, the ruling regarding what a declaration of trust is; and, secondly, the ruling concerning whether a settlor’s agent is able to sign the required written evidence on the settlor’s behalf for a trust of land. The article questions the Court of Appeal’s conclusions on both points.