David Mark Jackson v Myck Djurberg (Practice and Procedure : Practice and Procedure) [2019] UKFTT 52 (PC) (12 December 2018)

David Mark Jackson v Myck Djurberg (Practice and Procedure : Practice and Procedure) [2019] UKFTT 52 (PC) (12 December 2018)

The deed was signed and was a genuine agreement, but in substance it created a charge (equitable mortgage) rather than a declaration of joint ownership.

Source-derived case information.

Citation
[2019] UKFTT 52 (PC)
Parties
Applicant: David Mark Jackson; Respondent: Myck Djurberg
Jurisdiction
England and Wales
Judgment Date
12 December 2018
Procedural Posture
First Tier Tribunal (property Chamber) / Decision on Application for Joint Ownership Restriction
Outcome
Application for joint ownership restriction refused; notice to protect equitable mortgage ordered.
Legal Topics
Practice and Procedure, Adjournment of Proceedings, Beneficial Interests, Express Agreement, Equitable Mortgage
Property Law Trusts and Equity Practice and Procedure Adjournment of Proceedings Beneficial Interests Express Agreement Equitable Mortgage

Source-derived case record

Summary, issues, holding and outcome

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Parties

David Mark Jackson

Applicant

Myck Djurberg

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Decision on Application for Joint Ownership Restriction

Legal Issues

  1. 1 Whether the deed signed by the respondent constituted a declaration of trust or a charge
  2. 2 Whether the respondent's absence and claims regarding the deed affected the validity of the agreement

Ratio Decidendi

The deed was signed and was a genuine agreement, but in substance it created a charge (equitable mortgage) rather than a declaration of joint ownership.

Court Disposition

Application for joint ownership restriction refused; notice to protect equitable mortgage ordered.

Orders

  • Registrar to cancel the application for a joint ownership restriction.
  • Registrar to enter a notice to protect the equitable mortgage created by the deed.