Clarke v Harlowe [2005] EWHC 3062 (Ch); [2005] WTLR 1473

Equity: Clarifying intentions

Sarah Greenan examines equitable accounting and the circumstances in which an occupation rent may be payable The decision in Akhtar v Hussein [2012] is an endorsement by the Court of Appeal that in a straightforward case the starting point will be that an occupation rent should be payable to the ousted party and that should …

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Trusts And Property: Declarations of trust in the family home

Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …

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Trusts And Property: Declarations of trust in the family home

Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …

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Beneficial Ownership: Fair shares

Mark Pawlowski considers some potentially far-reaching implications arising from recent case law on ownership of the family home ‘In the case of a purchase in joint names, the presumption of joint ownership in law and equity prevailed in the absence of contrary intention at the time of purchase or following acquisition of the property.’The Supreme …

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