Sarah Haren explores the lessons from Graham-York v York [2015] on the quantification of beneficial interests in the family home ‘The court’s task is to work out what shares would be fair having regard to the whole course of dealing between them in relation to the property.’The Court of Appeal’s decision in Graham-York v York …
Continue reading "Beneficial Interests: When equity is not equality"
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Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …
Continue reading "Trusts And Divorce: Family divided"
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Sukhninder Panesar examines a case where one of the beneficiaries to a common intention constructive trust of land had been involved in an illegal purpose ‘O’Kelly provides an excellent example of when a constructive trust will be imposed in cases where the legal title is taken in the sole name of one of the cohabiting …
Continue reading "Common Intention Constructive Trusts: The role of illegality"
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Wills & Trusts Law Reports | November 2014 #144Mr Quaintance (the defendant) appealed against the decision of HHJ Ellis granted on 24 May 2012. The original decision had been made in a contested application made by Miss Tandan (the claimant) under the Trusts of Land and Trustees Act 1996 for a determination of shares in a property (the property). The outcome of the decision was that the net proceeds of sale following the discharge of the mortgage currently being held by the mortgagee should all be paid to the claimant. Half of these had been paid to the claimant following the decision. The defendant appealed in respect of th...
Michael Gouriet and Jemma Thomas report on the basis in which an interest in property may be secured by proprietary estoppel ‘The detriment suffered need not be financial but must be substantial, and must be judged at the point when the person who gave the assurance seeks to renege on it.’ Establishing an equitable interest …
Continue reading "Equitable Interests: Showing an interest"
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Wills & Trusts Law Reports | April 2014 #138The appellant (Jaci) and the respondent (Sunil) were sister and brother-in-law respectively. This case related to the beneficial ownership of a property which Sunil had identified as a business opportunity (for Sunil to run as a B&B). Due to Sunil’s poor credit rating, the property was purchased in Jaci’s name via a mortgage, also in her name. Both parties agreed that there was an express oral agreement between them as to the terms on which the property was bought and held. The terms of that agreement were disputed and each party argued that they owned the beneficial inte...
Vicki McLynn considers the question of the interests of third parties in financial remedy proceedings ‘When the family court is determining a dispute between a spouse and a third party it must be approached on the same basis as if it were being determined by the Chancery Division.’ The issue of third-party interests in financial …
Continue reading "Third Parties: To join or not to join?"
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Nathan Gopichandran investigates a custom with unforeseen consequences ‘Ultimately, Ullah v Ullah highlights the frailty of unwritten property rights and agreements.’ The recent High Court case of Ullah v Ullah [2013] highlighted the long standing custom within some parts of the Asian community of the family property and business being held by various family members …
Continue reading "Case Study: It’s a matter of trust"
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James Copson considers the implications and practical consequences of the Supreme Court’s decision in Prest ‘Respondents and companies will be looking for ways of rebutting the presumption of a resulting trust – as is clear from Prest the weight of evidence will vary from case to case.’At first glance the Supreme Court ruling in Prest …
Continue reading "Financial Provision: Open and shut case?"
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Sarah Greenan examines equitable accounting and the circumstances in which an occupation rent may be payable The decision in Akhtar v Hussein [2012] is an endorsement by the Court of Appeal that in a straightforward case the starting point will be that an occupation rent should be payable to the ousted party and that should …
Continue reading "Equity: Clarifying intentions"
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