AIB Group (UK) Plc v Turner & Ors [2015] EWHC 3994 (Ch) (A December 2015)

AIB Group (UK) Plc v Turner & Ors [2015] EWHC 3994 (Ch) (A December 2015)

Maxine Turner did not acquire a beneficial interest in The Cottage under a constructive trust or proprietary estoppel because there was no agreement, arrangement, or representation that she would have such an interest, and her payments to the Turners were not referable to the acquisition of a beneficial interest. Even if such an interest existed, she was not in actual occupation at the relevant time to bind the Bank's charge. The counterclaim fails on both grounds.

Citation
[2015] EWHC 3994 (Ch)
Parties
Claimant: AIB Group (UK) PLC; Defendant: Mr Stuart Harold Turner; Defendant: Mrs Erica Turner; Defendant/part 20 Claimant: Miss Maxine Hayley Turner-Hankinson
Jurisdiction
England and Wales
Procedural Posture
Chancery Division Trial (counterclaim) / Judgment After Trial of Counterclaim
Outcome
Counterclaim dismissed
Legal Topics
Constructive Trusts, Proprietary Estoppel, Actual Occupation, Overriding Interests, Land Registration, Mortgage Priority
Property Law Equity Trusts and Estates Constructive Trusts Proprietary Estoppel Actual Occupation Overriding Interests Land Registration +1 more

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/part 20 Claimant

Procedural Posture

Chancery Division Trial (counterclaim) / Judgment After Trial of Counterclaim

Legal Issues

  1. 1 Whether Maxine Turner has a beneficial interest in The Cottage under a constructive trust or proprietary estoppel
  2. 2 Whether any such interest would override the Bank's charge due to actual occupation
  3. 3 Whether the Bank is subrogated to the rights of a previous mortgagee

Ratio Decidendi

Maxine Turner did not acquire a beneficial interest in The Cottage under a constructive trust or proprietary estoppel because there was no agreement, arrangement, or representation that she would have such an interest, and her payments to the Turners were not referable to the acquisition of a beneficial interest. Even if such an interest existed, she was not in actual occupation at the relevant time to bind the Bank's charge. The counterclaim fails on both grounds.

Court Disposition

Counterclaim dismissed

Orders

  • Declaration that Maxine Turner has no beneficial interest in The Cottage
  • Bank's charge has priority and is enforceable