..It is not and cannot be literally true that the donor has to do everything which he can, to transfer the property to the donee, as illustrated in T Choithram International SA v Pagarani [2001] 1WLR 1 (PC) where a gift of shares was held to be valid even though vested in the name of only one of the trustees (the donor)…’ ~ LJ Arden in Pennington and another v Waine and others [2002] EWCA Civ 227.

Required:

• Critically analyse the statement of LJ Arden in the context of the formalities required for an enforceable express trust.