Fox & Anor v Bent & Ors [2024] EWHC 2179 (Ch) (20 August 2024)

Fox & Anor v Bent & Ors [2024] EWHC 2179 (Ch) (20 August 2024)

The appeal was dismissed because the trial judge's findings that a constructive trust existed in favour of Aliyah Bent, based on a common intention between Marcus Bent and Kelly Clark and sufficient detrimental reliance, were supported by the evidence and not plainly wrong. The property did not form part of the bankruptcy estate.

Citation
[2024] EWHC 2179 (Ch)
Parties
Appellant: Nigel Fox; Appellant: David Bridge; Respondent: Marcus Nathan Bent; Respondent: Kelly Marie Clark; Respondent: Persons Unknown; Respondent: Aliyah May Bent
Jurisdiction
England and Wales
Judgment Date
20 August 2024
Procedural Posture
Chancery Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Bankruptcy Estate, Beneficial Ownership, Common Intention Constructive Trust, Detrimental Reliance, Family Financial Provision
Insolvency Trusts Property Law Constructive Trusts Bankruptcy Estate Beneficial Ownership Common Intention Constructive Trust Detrimental Reliance +1 more

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Parties

Nigel Fox

Appellant

David Bridge

Appellant

Marcus Nathan Bent

Respondent

Kelly Marie Clark

Respondent

Persons Unknown

Respondent

Aliyah May Bent

Respondent

Procedural Posture

Chancery Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a constructive trust existed over the property in favour of Aliyah Bent
  2. 2 Whether detrimental reliance by or on behalf of the beneficiary was established
  3. 3 Whether the trial judge's findings of fact were plainly wrong or unsupported by evidence

Ratio Decidendi

The appeal was dismissed because the trial judge's findings that a constructive trust existed in favour of Aliyah Bent, based on a common intention between Marcus Bent and Kelly Clark and sufficient detrimental reliance, were supported by the evidence and not plainly wrong. The property did not form part of the bankruptcy estate.

Court Disposition

Appeal dismissed

Orders

  • Order of Insolvency and Companies Court Judge Jones affirmed
  • Property declared held on constructive trust for Aliyah Bent