In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick’s main judgment:
A constructive trust can arise some years after the purchase of the property by the sole title holder alone. There is no requirement for the claimed beneficial interest to arise at the time of purchase. However, in this situation, without an express post-acquisition agreement, the Court will be slow to to infer an agreement from conduct alone.
Contribution to mortgage capital repayment per se is not necessarily enough to infer agreement to a beneficial … Read the full post
The Court of Appeal says that (some) provisions of the Legal Services Commission’s Unified Contract are unlawful, specifically the most sweeping of the unilateral amendment clauses. The judgment is pretty devastating, finding for the Law Society on all points of its appeal of the earlier Judicial Review finding and against the LSC on their appeal. As a sample:
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