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EQUITABLE ACCOUNTING: Still relevant

17 November 2017  

Daisy Brown explores how the courts will apply equitable accounting principles to co-owned trust property

In the judgment handed down on 7 April this year in Davis v Jackson [2017], Snowden J had cause to consider in detail the principle commonly referred to as ‘equitable accounting’ between beneficiaries of trusts of land. The context was a claim by a trustee in bankruptcy for possession of a jointly-owned property and the facts were unusual, but the judgment is a welcome analysis of the more general right to an account between co-owners in a post-TLATA (Trusts of Land and Appointment of Trustees Act 1996), post-Stack v Dowden regime.

Additional Info

  • Case(s) Referenced:

    Bank of Cyprus v Menelaou [2015] UKSC 66

    Benedetti v Sawiris & ors [2013] UKSC 50

    Davis v Jackson [2017] WTLR 465

    Dennis v McDonald [1982] Fam 63

    French v Barcham [2008] WTLR 1813

    Gibson v Gibson & anor [2010] ScotSC 132

    Re Gorman [1990] 1 WLR 616

    Jones (AE) v Jones (FW) [1977] 1 WLR 438

    Leigh v Dickeson (1884) 15 QBD 60

    McKenzie v Nutter [2007] SLT (ShCt) 17

    Murphy v Gooch [2007] WTLR 257

    Re Pavlou [1993] 1 WLR 1046

    Stack v Dowden [2007] WTLR 1053

    Wilcox v Tait [2007] WTLR 1109