Price v Saundry & anr [2020] WTLR 233

Spring 2020 #178

By Declaration of Trust dated 6 July 2009 made between the Appellant and the First Respondent’s husband the latter declared that he held the properties set out in the schedule and the net proceeds of sale and the net income until sale upon trust for the parties thereto as tenants in common in equal shares. The First Respondent became a trustee as a result of being her husband’s sole personal representative. Subsequently she appointed her brother as an additional trustee and, after his death, his executrix was substituted as a party. The Appellant brought a claim seeking an order removing...

Ong & ors v Ping [2018] WTLR 1365

Winter 2018 #170

Morgan J had held that the late Lim Lie Hoa (Madam Lim) had until her death in 2009 held the house, its proceeds of sale and other rights relating to it upon the trusts of a settlement dated 14 December 1985 signed by her and by the appellant Ong Siauw Ping (Ping), her son.

Ping had opposed the claim that the house was held upon the declared or any trust. The only issues raised by the appeal were: (i) whether Madam Lim made a declaration of trust in respect of the house; and, if she did, (ii) whether it was ‘manifested and proved’ by the writing requirements of s53(1)(b) ...

Davies & anr v Davies [2013] EWHC 2623 (Ch)

November 2016 #164

Tegwyn and Mary Davies purchased a dairy farm known as Henllan in West Wales in 1972. It comprised a farmhouse, an attached cottage, outbuildings, and 182 acres of land. It was farmed with a nearby farm also owned by them known as Caeremlyn which they had purchased in 1961 (together ‘the farm’). The respondent, Eirian was one of their three daughters. By 1989, she was the only child left at the farm. She had a passionate interest in pedigree milking cows which was the main business of the farm, and it was by this stage clear that she was the only possible candidate to take it over. In th...

Davies v Davies [2014] EWCA Civ 568

September 2016 #162

The appeal concerned a proprietary estoppel claim by the respondent, Eirian, with respect to her parents’ pedigree dairy farm.

Eirian’s claim was precipitated by the fact that her parents had sought to evict her from the farmhouse where she was living. Eirian had worked on Henllan during lengthy periods of her adult life. There were a number of arguments between Eirian and her parents which had, on occasion, led to Eirian temporarily leaving the farm. During one such period she worked as a technician for a company called Genus, which specialised in livestock reproduction services....