Source: All England Reporter
Publisher Citation: [2003] All ER (D) 155 (Feb)
Court: Chancery Division

Robert Hildyard QC sitting as a deputy judge of the High Court

Representation Anthony Tanney (instructed by Thorpes Solicitors) for the claimant.
  Arthur J Moore (instructed by Jim McKenzie) for the defendant.
Judgment Dates: 12 February 2003


Trusts - Constructive trust - Purchase of property - Claim to beneficial interest in property.

The Case

On the claimant's application for a declaration that he was the sole beneficial owner of certain property, the court decided that the evidence revealed that the true common intention of the parties was that the claimant and his wife should be the beneficial owners of the property in their lifetime, precluding any inference of a constructive trust or presumption of a resulting trust in the defendant's favour. Accordingly, the defendant had no beneficial interest in the property and the claimant was entitled to the declaration sought.

Practice Areas

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