Iles v Iles

The Disputed Land was held on trust for the claimant absolutely, and the defendant is liable to account for rents received from April 2004, but entitled to relief for the period prior to 2004 due to lack of knowledge and reasonable conduct.

Parties: Claimant: Miss Rebecca Louise Sophia Iles; Defendant: Mrs Margaret Rose Iles
Jurisdiction: England and Wales
Judgment Date: 27 April 2012
Procedural Posture: Civil / Judgment on Preliminary Issues
Outcome: Claimant entitled to declaration of trust, transfer of land, and account of rents from April 2004; defendant granted relief for period prior to 2004.
Legal Topics: Breach of Trust, Declaration of Trust, Accounting by Trustees, Relief Under Trustee Act, Land Registration

Trusts Property Law Breach of Trust Declaration of Trust Accounting by Trustees Relief Under Trustee Act Land Registration

Case Brief

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Parties

Miss Rebecca Louise Sophia Iles

Claimant

Mrs Margaret Rose Iles

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

1 Whether a sufficiently certain trust of the Disputed Land exists in favour of the claimant binding on the defendant
2 Whether the defendant is liable to account to the claimant for receipt of rents from the Disputed Land between April 2000 and the present, less credit for payments to the claimant

Ratio Decidendi

Court Disposition

Claimant entitled to declaration of trust, transfer of land, and account of rents from April 2004; defendant granted relief for period prior to 2004.

Orders

Declaration that the Disputed Land is held on trust by the defendant for the claimant absolutely
Order for transfer of the Disputed Land to the claimant