Ann Nilsson & Anor v Collette Cynberg

Ann Nilsson & Anor v Collette Cynberg

An express declaration of trust may be overridden by a subsequent common intention constructive trust or proprietary estoppel arising after the declaration, and in this case, the respondent's detriment and reliance on the assurances were sufficient to found such an equity, which arose in 2009, outside the statutory period for a transaction at an undervalue under section 339 of the Insolvency Act 1986.

Parties
Appellant: Ann Nilsson; Appellant: Edward Thomas; Respondent: Collette Cynberg
Jurisdiction
England and Wales
Judgment Date
23 August 2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Express Declaration of Trust, Common Intention Constructive Trust, Proprietary Estoppel, Variation of Trust, Bankruptcy, Transaction at Undervalue
Property Law Insolvency Law Trusts and Equity Express Declaration of Trust Common Intention Constructive Trust Proprietary Estoppel Variation of Trust Bankruptcy +1 more

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Parties

Ann Nilsson

Appellant

Edward Thomas

Appellant

Collette Cynberg

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an express declaration of trust can be overridden by a subsequent common intention constructive trust or proprietary estoppel
  2. 2 Whether the detriment suffered by the respondent was sufficient to found a proprietary estoppel
  3. 3 Whether the assurances given by the bankrupt were sufficient to found a proprietary estoppel or constructive trust

Ratio Decidendi

An express declaration of trust may be overridden by a subsequent common intention constructive trust or proprietary estoppel arising after the declaration, and in this case, the respondent's detriment and reliance on the assurances were sufficient to found such an equity, which arose in 2009, outside the statutory period for a transaction at an undervalue under section 339 of the Insolvency Act 1986.

Court Disposition

appeal dismissed

Orders

  • Application for permission to appeal on Ground 1 dismissed
  • Appeal on Grounds 2, 3, and 4 dismissed