Tag Archive for 'Constructive trust'

Page 2 of 3

The good nephew

By NL on 02/03/2009. 4 Comments

A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton were trying to ensure that there was some, or rather considerable, equity in the property against which their charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983 (for care home costs) could take effect.

The facts were briefly as follows. Mr & Mrs Bull were joint secure tenants … Read the full post

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

Tis aw a muddle

By NL on 13/12/2008. 13 Comments

A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364

The problems in this case were not just the confused and confusing evidence (not only that of Dr Elithorn, who acted in person, but also the documentary evidence), but what can at best be called an unclear (extempore) judgment by the Circuit Judge in the County Court.

The facts, as far as one can tell, were that Dr Elithorn and Madeleine Ettinger had become friends following the death of Madeleine’s husband. Dr Elithorn owned a house in London which was on the … Read the full post

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

Agreements and constructive trust

By NL on 24/10/2008. 3 Comments

Parris v Williams [2008] EWCA Civ 1147 was an appeal against an order that Mr Williams had 100% beneficial interest in one of two flats to which legal title was held by Mr Parris. It is of interest because it contains a challenge to the ways in which a constructive trust can be found to arise.

The facts were, briefly, that Mr Parris and Mr Williams were friends. Mr Williams was subject to an IVA. Mr Parris bought two flats (originally knocked into one, but a dividing wall was put up shortly after purchase). Mr Williams contributed nothing to the purchase monies and the mortgages were paid by rent from … Read the full post

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

Estoppel – needs something to estop

By NL on 04/08/2008. 2 Comments

I’m not going to do a report on this one as it is a) epic, b) unprecis-able and thankfully c) pretty much off topic for housing law. But anyone who, like me, is a bit of an equity hobbyist on the side, the House of Lords judgment in Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 is a must read on proprietary estoppel and constructive trust.

The upshot is that

Proprietary estoppel requires, in my opinion, clarity as to what it is that the object of the estoppel is to be estopped from denying, or asserting, and clarity as to the interest in the property in question that

… Read the full post

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

Aaargh

By NL on 30/07/2008. 6 Comments

Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman’s Row Management Limited and Another V Cobbe. All here.

Damn them, damn, damn, damn. Thankfully, the Court of Appeal held off handing down anything of interest – for here at least.… Read the full post

Posted in Benefits, Housing law - All, Possession and Trusts and Estoppel. Tags: , , , , .

Constructive trust and dodgy RTB

By NL on 12/07/2008. 0 Comments

There is an all too common situation. A tenant with the right to buy is offered a capital sum and the mortgage payments for the (in this case) three years needed to avoid repaying the RTB discount on transfer. In the meantime, they either get to stay or hand over control of the property to the shadow. Recent RTBs have provisions in the lease to make this more difficult, as well as a much reduced discount, but there remain a lot of sharks circling.

McGuane v Welch [2008] EWCA Civ 785 was an appeal of a County Court judgment awarding an equitable interest of 100% in a lease of the … Read the full post

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

Stack v Dowden revisited

By NL on 23/04/2008. 17 Comments

The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23 April 2008).

At 21:

To recapitulate, the important points decided by the House for the purpose of this appeal were as follows. The legal technique that the court will use to ascertain whether both joint owners who had been co-habitees had a beneficial interest is that of the common intention constructive test, rather than that of resulting trust. This will enable the

… Read the full post

Posted in FLW case note, Housing law - All and Trusts and Estoppel. Tags: , , , , .
row of sheds footer image
3 pages