Peter Shaw QC explores the principles of ascertainment of beneficial ownership in a property purchase tainted with illegality
Joss Knight examines a claim for a common intention constructive trust where a cohabitee has passed away
Antonia Barker analyses the approach to joint accounts and the significance of a declaration as to the beneficial ownership of such an account
W and M were married in 1969 and divorced in 1974. During their marriage, they bought a leasehold property with the proceeds of their former matrimonial home and a mortgage loan for the balance. The benefit of the long lease of the property was conveyed to them as joint tenants...
The claimant claimed a beneficial interest in a residential property registered in the joint names of the first and second defendants, his sister and brother-in-law respectively, on the basis that in 1959 he paid £600 towards the purchase price. By the time the matter came to trial in October 2015 both first and second defendants had lost capacity...
Richard Adams clarifies the current position on beneficial ownership in the event of relationship breakdown
Daisy Brown explores how the courts will apply equitable accounting principles to co-owned trust property
Chris Bryden and Jyoti Wood analyse the Privy Council decision in Marr v Collie and the significance of a commercial aspect to a personal relationship
The respondents (Rs) are a married couple but at all times after 2001 were estranged and living apart. The wife (R2) purchased a property (the property) in 2003 using monies from another property owned by her and the remainder by interest-only mortgage...
Amanda Tipples QC examines the interaction of common intention constructive trusts and proprietary estoppel in light of the decision in Matchmove v Dowding