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TRUSTS: Silence is golden

23 March 2012  

Claire Stewart contemplates recent case law on disputed ownership in the light of Jones v Kernott

This article will consider the recent judgment of the Court of Appeal in Crossco No 4 UnLtd v Jolan Ltd [2011] and its potential ramifications in the commercial litigation arena. It is not uncommon for problems to arise in relation to the ownership of property that has been the subject of prior negotiation between parties but where a written agreement has not been put into effect. This might happen where there is a dispute as to the substance of what was or was not agreed orally between the parties or where there has been an agreement that it is more beneficial for one party to become the legal owner of a property but the nature of that ownership is later in dispute. In addition to contractual issues, the parties can invoke trusts law to support a claim to ownership rights.

 

Additional Info

  • Case(s) Referenced:

    Banner Homes Group Plc v Luff Developments Ltd & anor [2000] EWCA Civ 3016

    Crossco No 4 UnLtd & ors v Jolan Ltd & ors [2011] EWCA Civ 1619

    Jones v Kernott [2011] UKSC 53

    Oxley v Hiscock [2004] EWCA Civ 546

    Pallant v Morgan [1953] CH43

    Stack v Dowden [2007] UKHL

    Yeoman’s Row Management Ltd & anor v Cobbe [2008] UKHL 55