Barnsley & ors v Noble [2016] EWCA Civ 799

Wills & Trusts Law Reports | November 2016 #164

Michael and Philip Noble were brothers who built up a substantial property empire known as the Noble Organisation. It had a complex ownership and management structure involving a number of companies and partnerships and certain trusts for the benefit of their respective families. Michael died in 2006. The executors were Philip, his widow Gillian, and John Barnsley (an accountant associated with PricewaterhouseCoopers). There was a demerger of the business side and property side of the Noble Organisation with Philip taking the business assets and Gill taking the property assets. This was ...

Constructive Trusts: The Pallant v Morgan equity

Nitej Davda looks at the enforceability of informal agreements relating to land A key feature of a Pallant v Morgan equity is the presence of either detriment suffered or an advantage gained by one of the parties as a result of an act or omission by the other party. The Pallant v Morgan equity is …
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Trusts: Silence is golden

Claire Stewart contemplates recent case law on disputed ownership in the light of Jones v Kernott ‘Traditionally, a constructive trust will arise in equity where it would be unconscionable to allow a legal owner of a property to retain the beneficial ownership of it.’ This article will consider the recent judgment of the Court of …
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