Mark Pawlowski asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel ‘The question remains as to whether an estoppel on its own (independently of any finding of a constructive trust) can operate so as to enforce an agreement for sale notwithstanding non-compliance with s2(1), Law …
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Don McCue examines the lessons from Curran v Collins [2015] ‘Two issues currently need to be resolved as a matter of some urgency… First, in no-agreement cases, whether the Rosset threshold requirement should be relaxed. Second, the question of inference or imputation needs clarification.’ Claims on constructive trust principles to a share of the beneficial …
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Rupert Higgins considers some cases highlighting the problems with hastily created declarations of trust ‘A guide to defeating creditors is long overdue. So here, too late for Mrs Rahman but for the benefit of readers, is a bluffers’ guide to bluffing.’ As controversial political figures go, it would be hard to find a candidate in …
Continue reading "Beneficial Interests: Defeating creditors: a how (not) to guide"
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Wills & Trusts Law Reports | November 2015 #154The appellant (Mr Herbert) owned the freehold of a house and a large garden. The respondents (Mr Doyle and Mr Talati) owned the freehold of an adjacent property comprising a dental surgery with nine parking spaces. They also leased part of the ground floor in the main house from Mr Herbert. They carried on a practice as dental practitioners from the freehold and leasehold premises and they and their clients used the parking spaces. Mr Herbert wished to develop the former walled garden of Mansfield House and to build mews houses, but to do so he needed Mr Doyle and Mr Talati to exchange s...
Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …
Continue reading "Trusts And Divorce: Family divided"
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Nathan Gopichandran investigates a custom with unforeseen consequences ‘Ultimately, Ullah v Ullah highlights the frailty of unwritten property rights and agreements.’ The recent High Court case of Ullah v Ullah [2013] highlighted the long standing custom within some parts of the Asian community of the family property and business being held by various family members …
Continue reading "Case Study: It’s a matter of trust"
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Paula Butterworth analyses the impact of the Supreme Court decision Prest in a cohabitant case ‘It was accepted by the Court of Appeal that this was not a case in which there was scope to pierce the corporate veil, so as to identify the second defendant company with the first defendant.’ The Court of Appeal …
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Caroline Watson and Matthew Feldman discuss the impact of Jones v Kernott in cases where there is an express declaration of beneficial interests ‘The question now being asked by practitioners up and down the country is whether the judiciary will again be prepared to step in to clarify the law in cases where there is …
Continue reading "Trusts: Clear intentions"
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Luke Barnes highlights the cohabitant cases that fall outside of the judgment in Jones v Kernott and the applicable case law ‘The claimant in sole name cases continues to face a stern test to establish a beneficial interest by virtue of an inferred common intention. In particular, it continues to be unclear what conduct may …
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Wills & Trusts Law Reports | Web OnlyProperty, beneficial ownership
Case No: 1LS72368
