Davis v Wiggett [2016] UKUT 358 (TCC)

Wills & Trusts Law Reports | November 2016 #164

Mr Davis employed Mr Wiggett in his building business from 2007 to 2011. According to Mr Wiggett, they had a common intention to purchase a flat, do it up and let it out. As he already had a mortgage, 68b Queen’s Road, Cheltenham (the flat) was bought in Mr Davis’ sole name for £137,500 in 2008 and, by virtue of their express agreement, on which he relied to his detriment by contributing to the purchase price and working on the property, Mr Wiggett claimed to be a beneficial co-owner under a common intention constructive trust and entitled to half of the equity. Mr Davis, on ...

Litigation: Playing with fire: meeting suspicious claims head-on

David Sawtell looks at recent case law on exaggerated claims ‘There has been a recent, growing trend towards re-opening cases where there is evidence that the judgment or settlement was based on fraudulent evidence.’ Recent cases in the High Court and the Court of Appeal indicate that defendant insurance companies are turning to a range …
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