AIB Group (UK) Plc v Turner & Ors

AIB Group (UK) Plc v Turner & Ors

Maxine Turner does not have a beneficial interest in The Cottage under a constructive trust or proprietary estoppel, as there was no agreement, arrangement, understanding, or representation to that effect, nor detrimental reliance. She was not in actual occupation at the relevant time due to prolonged residence in Barbados. The Bank's subrogation rights would apply if relevant. The counterclaim is not struck out as an abuse of process given the circumstances and lack of independent advice at earlier stages.

Parties
Claimant: AIB Group (UK) PLC; Defendant: Mr Stuart Harold Turner; Defendant: Mrs Erica Turner; Defendant: Miss Maxine Hayley Turner-Hankinson; Part 20 Claimant: Miss Maxine Hayley Turner-Hankinson; Part 20 Defendant: AIB Group (UK) PLC; Part 20 Defendant: Mr Stuart Harold Turner; Part 20 Defendant: Mrs Erica Turner
Jurisdiction
England and Wales
Judgment Date
30 November 2015
Procedural Posture
Civil / Judgment After Trial of Counterclaim
Outcome
Counterclaim dismissed; not struck out as abuse of process.
Legal Topics
Constructive Trust, Proprietary Estoppel, Actual Occupation, Subrogation, Abuse of Process
Property Law Equity Civil Procedure Constructive Trust Proprietary Estoppel Actual Occupation Subrogation Abuse of Process

Case Brief

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Parties

AIB Group (UK) PLC

Claimant

Mr Stuart Harold Turner

Defendant

Mrs Erica Turner

Defendant

Miss Maxine Hayley Turner-Hankinson

Defendant

Miss Maxine Hayley Turner-Hankinson

Part 20 Claimant

AIB Group (UK) PLC

Part 20 Defendant

Mr Stuart Harold Turner

Part 20 Defendant

Mrs Erica Turner

Part 20 Defendant

Procedural Posture

Civil / Judgment After Trial of Counterclaim

Legal Issues

  1. 1 Whether Maxine Turner has a beneficial interest in The Cottage under a common intention constructive trust or proprietary estoppel
  2. 2 Whether any such interest was an overriding interest binding on the Bank due to actual occupation
  3. 3 Whether the Bank is subrogated to the rights of previous mortgagees

Ratio Decidendi

Maxine Turner does not have a beneficial interest in The Cottage under a constructive trust or proprietary estoppel, as there was no agreement, arrangement, understanding, or representation to that effect, nor detrimental reliance. She was not in actual occupation at the relevant time due to prolonged residence in Barbados. The Bank's subrogation rights would apply if relevant. The counterclaim is not struck out as an abuse of process given the circumstances and lack of independent advice at earlier stages.

Court Disposition

Counterclaim dismissed; not struck out as abuse of process.

Orders

  • Counterclaim for declaration of trust dismissed.
  • No order striking out counterclaim as abuse of process.