Pankhania v Chandegra [2012] EWCA Civ 1438

Wills & Trusts Law Reports | January/February 2013 #126

The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...

Employment Status: Are contract terms worth the paper they’re written on?

Stephen Ratcliffe and Colin Leckey examine the impact of a recent Supreme Court decision about when courts and tribunals should disregard express written contractual terms ‘The Supreme Court’s decision provides welcome clarification of the circumstances in which an employment relationship may arise even where this contradicts express written terms.’ The Supreme Court in Autoclenz Ltd …
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