Source: All England Reporter
Publisher Citation: [2002] All ER (D) 170 (Jul)
Neutral Citation: [2002] EWCA Civ 974
Court: Court of Appeal, Civil Division

Sir Andrew Morritt V-C, Rix LJ and Sir Swinton Thomas

Representation John Randall QC and Catherine Rowlands (instructed by Dickinson Parker Hill) for the claimant.
  Mark Cunningham QC and Abid Mahmood (instructed by Michael Lee & Co) for the defendants.
Judgment Dates: 11 July 2002


Trust and trustee - Resulting trust - Transfer of property - First defendant transferring property to claimant without declaration of trust - Claimant seeking possession of property as sole registered proprietor - Judge finding no evidence of constructive or resulting trust - Judge finding first defendant unable to rebut presumption of advancement on grounds of illegality - Whether judge in error - Whether first defendant transferring only legal interest in property and retaining beneficial ownership.

The Case

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