Wood v Lowe & Ors

Wood v Lowe & Ors

The court found that Emma Jane Lowe-Marshall was a nominee for her father, Keith Lowe, and did not have a beneficial interest in The Grange or Belvedere Hall. The 2002 Assignment was not intended to confer true beneficial ownership on Emma, and the conduct of the parties showed that Mr Lowe was the real owner. The express declaration of trust in the TP1 for Belvedere Hall was conclusive, and any claim to a resulting or constructive trust was rebutted by the parties' intentions and actions. The 2013 declaration of trust in favour of Emma was a device to defeat creditor claims and not a genuine reflection of beneficial ownership.

Parties
Applicant: Christopher Wood; First Respondent: Keith Lowe; Second Respondent: Anne Elizabeth Lowe; Third Respondent: Emma Jane Lowe-Marshall; Fourth Respondent: Steven Marshall; Fifth Respondent: Martin Halligan
Jurisdiction
England and Wales
Judgment Date
05 May 2016
Procedural Posture
Bankruptcy/property/trusts / Judgment After Trial
Outcome
Judgment for the applicant (Christopher Wood).
Legal Topics
Beneficial Ownership, Resulting Trust, Constructive Trust, Bankruptcy, Possession Proceedings, Individual Voluntary Arrangements (iva)
Insolvency Property Law Trusts Beneficial Ownership Resulting Trust Constructive Trust Bankruptcy Possession Proceedings +1 more

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Parties

Christopher Wood

Applicant

Keith Lowe

First Respondent

Anne Elizabeth Lowe

Second Respondent

Emma Jane Lowe-Marshall

Third Respondent

Steven Marshall

Fourth Respondent

Martin Halligan

Fifth Respondent

Procedural Posture

Bankruptcy/property/trusts / Judgment After Trial

Legal Issues

  1. 1 Whether Emma Jane Lowe-Marshall is the beneficial owner of The Grange and Belvedere Hall or holds any interest as nominee for Keith Lowe
  2. 2 Whether the properties are vested in the trustee in bankruptcy for the benefit of creditors
  3. 3 Effect of express declaration of trust in transfer (TP1) for Belvedere Hall

Ratio Decidendi

The court found that Emma Jane Lowe-Marshall was a nominee for her father, Keith Lowe, and did not have a beneficial interest in The Grange or Belvedere Hall. The 2002 Assignment was not intended to confer true beneficial ownership on Emma, and the conduct of the parties showed that Mr Lowe was the real owner. The express declaration of trust in the TP1 for Belvedere Hall was conclusive, and any claim to a resulting or constructive trust was rebutted by the parties' intentions and actions. The 2013 declaration of trust in favour of Emma was a device to defeat creditor claims and not a genuine reflection of beneficial ownership.

Court Disposition

Judgment for the applicant (Christopher Wood).

Orders

  • Possession and sale of The Grange and Belvedere Hall granted to the trustee in bankruptcy (Christopher Wood).
  • Terms of the order to be discussed at a later date.