Archive for the 'Trusts and Estoppel' Category

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What’s yours is mine (in variable proportions)

By NL on 14/01/2011. 0 Comments

Clarke v Meadus [2010] EWHC 3117 (Ch)

Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my hobbyist’s interest at your expense.

The question in this appeal was whether supervening events could override an express declaration of trust shares in a property, whether in proprietary estoppel or a form of constructive trust. Much of the outcome remains subject to trial, as will be seen, given that this was an appeal of an order striking out C’s claim.

The … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , .

Sale and rent back – coming soon?

By J on 23/10/2010. 5 Comments

Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former home-owners sold their homes (generally at a substantial discount) to sale and rent back companies who, in turn, (a) funded the purchase with a mortgage and (b) promised the former owners that they could remain living in the property (on terms, I presume). The sale and rent back companies defaulted on their mortgages and the lenders have sought possession. The argument, I presume, is … Read the full post

Posted in Housing law - All, Leasehold and shared ownership, Mortgage possession, Possession and Trusts and Estoppel. Tags: .

Oh dear, oh dear …

By Dave on 04/08/2010. 0 Comments

Ashby v Kilduff [2010] EWHC 2034 (Ch) (available on Lawtel and through the Chief [those special powers again]) [edit: now on Read the full post

Posted in FLW case note and Trusts and Estoppel.

Intention, intention, intention

By Dave on 19/07/2010. 0 Comments

Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam scripts), that intention is what determines the type of interest created or transferred (trust, gift, loan, bailment etc).

The circumstances were also rather unfortunate.  Anthony (Tony) Wright had built up a successful battery business, and sold it to another company for £2.3 million; he joined the new company but, in breach of covenant, allegedly set up a competing battery business.  The new company claimed damages against him of … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , .

Less than ambulatory intentions

By NL on 31/05/2010. 11 Comments

Kernott v Jones [2010] EWCA Civ 578

This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which seemed to turn more on an idea of fairness than on any of the scant facts in imputing intention as to the distribution of equitable shares. The Court of Appeal judgment, while perhaps harsher on one of the parties, goes some way towards re-establishing certainty for those who, foolishly but inevitably, purchase property jointly while remaining unmarried.

The facts are set out in the … Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , , .

Family Feuds and Estoppel

By David Smith on 25/03/2010. 0 Comments

Cook v Thomas & Thomas [2010] EWCA Civ 227

This case was well describd by the Court of Appeal as “a most unfortunate and regrettable dispute”.

The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales by survivorship from her husband. It is currently also occupied by her daughter and her husband, Mr & Mrs T. Prior to her marriage Mrs T (or Miss T as she then was) helped C’s husband to farm cattle for milk on the land, a small local business carried on in his spare time, and also operated a small riding stables. Her marriage … Read the full post

Posted in FLW case note and Trusts and Estoppel.

Estoppel and Laches in Looe

By Dave on 24/03/2010. 0 Comments

Lester v Woodgate [2010] EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court,  in “an exemplary use of the power to mark the court’s disapproval of the use of litigation to intimidate”, Sedley LJ at [53]).  It concerns a strip of land between a couple of houses in Looe, Cornwall (a nice place where I’ve been known to holiday, but will stay away from the locals in the future).  In 1980, a previous claim was settled between the parties’ predecessors in title allowing the Claimants’ … Read the full post

Posted in FLW case note and Trusts and Estoppel.
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