Day v Day [2006] EWCA Civ 415

Constructive trusts: Gone, but not forgotten

Joss Knight examines a claim for a common intention constructive trust where a cohabitee has passed away ‘The administrators found themselves defending proceedings on behalf of the estate and attempting to deny the existence of a conversation to which they were not, on anyone’s case, a party.’ Claims for a declaration that property is held …

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Costs: The saga of Part 36 continues

Despite a long history, costs offers remain full of intricacies writes Paul Jones ‘The court accepted, in line with previous authorities, that Part 36 is generally to be considered as a self-contained code for determining costs but this did not usurp the general provisions in CPR 44.2 to make a partial costs order where appropriate …

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