Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive The Law Commission endorsed the conclusive nature of the declaration of trust in the context of transfers of title to joint owners, stating that, ‘it is essential that courts strictly enforce declarations of trust …
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Ruth Hughes considers the requirements of actual occupation and the level of involvement in a mortgage grant that will prevent a co-owner from claiming priority over the mortgagee A vivid example of the principle that a person prevented from being at a property against his will can nevertheless be in actual occupation of it is …
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Graeme Fraser examines the complexities of applying strict proprietary principles to financial remedy cases when dealing with intervenors’ interests Compelling evidence is required to infer that (subsequent to the purchase of the property) the parties intended a change in the shares in which the beneficial ownership is held As the outlook for future growth in …
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Mark Pawlowski considers the Court of Appeal’s decision in Pankhania v Chandegra, which discusses whether express declarations of trust are conclusive An express trust may only be challenged on specific grounds that permit rescission or rectification of the formal document. It is accepted as established law that, where the parties execute a trust expressly declaring …
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Wills & Trusts Law Reports | March 2013 #127Mrs Clarke was the daughter of Mrs Meadus and Mr R Meadus, who owned a property known as Bonavista as joint tenants. Mr Meadus died in March 1995. Mrs Clarke alleged that prior to his death Mr Meadus expressed that he wanted Bonavista to remain in the family after he and his wife were dead. They wanted Mrs Clarke to live with Mrs Meadus, at Bonavista, for the remainder of her life and she would have Bonavista on Mrs Meadus’s death. Mrs Meadus asked Mrs Clarke and her husband to move in, which they did in September 1995, after allegedly receiving repeated promises that Mrs Meadus would le...
Wills & Trusts Law Reports | January/February 2013 #126The claimant appealed from the decision of Judge Charles Harris QC to dismiss his claim seeking an order for sale of 7 Cossington Street, Leicester (the property) and the division of the sale proceeds in equal shares between him and the defendant. A declaration had been made by the judge that beneficial ownership of the property was vested solely in the defendant, despite the property having been conveyed into the joint names of the claimant and defendant. A simultaneous express declaration of trust had been made in the transfer declaring that the parties were to hold the property as ten...
Richard Shepherd looks at cases in which confiscation orders compete with financial provision claims ‘When assessing an entitlement to property for the purposes of confiscation, the ordinary and familiar common law principles of ownership and “interest” should apply.’ I must confess that I like the Proceeds of Crime Act 2002 (POCA 2002) and the law …
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Lyndsey West and James Lister revisit cohabitants’ property interests on separation in the Supreme Court decision in Jones v Kernott ‘While the decision as to the result in Jones was unanimous, the conclusion was reached in different ways. The principle source of disagreement revolved around the question of whether it was open to the court …
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Frances Bailey examines criteria for a wasted costs order and best practice when adding a third party ‘The power to make a wasted costs order is a discretionary one and the court exercises that discretion both at the hearing, to show cause as to why a wasted costs order should not be made, and at …
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Mark Pawlowski considers some potentially far-reaching implications arising from recent case law on ownership of the family home ‘In the case of a purchase in joint names, the presumption of joint ownership in law and equity prevailed in the absence of contrary intention at the time of purchase or following acquisition of the property.’The Supreme …
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