Nigel Fox & Anor v Marcus Nathan Bent & Ors

Nigel Fox & Anor v Marcus Nathan Bent & Ors

A constructive trust can arise for the benefit of a minor where a parent acts on the minor's behalf in reaching an agreement with the legal owner, and detrimental reliance by the minor through the parent suffices to establish the trust. The judge's findings of fact and evaluation of evidence were not plainly wrong and cannot be disturbed on appeal.

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
21 August 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Trust, Bankruptcy, Beneficial Ownership, Detrimental Reliance, Common Intention, Financial Provision for Children
Insolvency Trusts Property Constructive Trust Bankruptcy Beneficial Ownership Detrimental Reliance Common Intention +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

Appeal / Judgment

Legal Issues

  1. 1 Whether a constructive trust existed over the property for the benefit of Aliyah Bent
  2. 2 Whether detrimental reliance by a minor through a parent suffices for a constructive trust
  3. 3 Whether the judge erred in finding a common intention between Marcus Bent and Kelly Clark for the benefit of their daughter

Ratio Decidendi

A constructive trust can arise for the benefit of a minor where a parent acts on the minor's behalf in reaching an agreement with the legal owner, and detrimental reliance by the minor through the parent suffices to establish the trust. The judge's findings of fact and evaluation of evidence were not plainly wrong and cannot be disturbed on appeal.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal on Ground Two refused
  • Amendment Application allowed