England and Wales Case Law

Narroya v Narroya (Beneficial interests - implied trusts - Pallant v Morgan constructive trusts - resulting trusts - whether express declarations of trust genuine - priority rules - parties to order - effect of consent order)

Narroya v Narroya (Beneficial interests - implied trusts - Pallant v Morgan constructive trusts - resulting trusts - whether express declarations of trust genuine - priority rules - parties to order - effect of consent order) [2026] UKFTT 166 (PC) (20 January 2026)

The Tribunal dismissed a brother’s claim to a 50% beneficial interest in three Derby properties, finding no constructive or resulting trust and that trust deeds were not genuine.

• Beneficial interests
• Implied trusts
• Constructive trusts
• Resulting trusts
• Express declarations of trust
• Priority rules

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Smita Narroya v Ram Kumar Narroya

The tribunal dismissed a husband’s claim to beneficial interests in three Derby properties, finding no constructive or resulting trust and rejecting alleged declarations of trust as not genuine.

• Beneficial interests
• Implied trusts
• Constructive trusts
• Resulting trusts
• Express declarations of trust
• Priority rules

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Christopher Andrew Corfield v Christine Marie Howard

Mr Corfield's entitlement under the Settlement Agreement is limited to £400,000 from the net proceeds of sale of Partnership Properties and discharge of pre-dissolution liabilities; his beneficial interest in unsold properties or further proceeds ceases once this entitlement is met.

Source excerpt

• Settlement agreements
• Tomlin orders
• Partnership dissolution
• Beneficial interests
• Contractual interpretation

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Armstrong & Anor v Harrow

Armstrong & Anor v Harrow [2025] EWHC 1790 (Ch) (18 July 2025)

The High Court held that Mrs Harrow had no equity of exoneration for loans to Callian, but did for one Merchant Money loan to Watercare. The deed of trust was set aside as an undervalue.

• Equity of exoneration
• Transactions at an undervalue
• Preferences
• Bankruptcy
• Joint ownership
• Beneficial interests

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Together Commercial Finance Limited v Fay of London Limited

Ms Peganova’s evidence and the draft Defence and Counterclaim do not establish a real prospect of success for a claim to a beneficial interest in the Flat by proprietary estoppel or constructive trust. The intention to create a family home does not amount to an intention as to beneficial ownership. The proposed amendments are not supported by sufficient evidence. Accordingly, permission to amend the Defence and bring a Counterclaim is refused. FOL’s proposed Defence and Counterclaim, being parasitic on Ms Peganova’s claim, also fail. There is no substantial ground to dispute the possession cl…

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• Mortgagee possession
• Proprietary estoppel
• Constructive trust
• Amendment of pleadings
• Joinder of parties
• Regulated mortgage contracts

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Click Above Corben Mews Limited & Anor v 381 Southwark Park Road RTM Company Limited & Ors

The High Court varied a freezing injunction so fixed charge receivers could sell two flats in Corben Mews, holding the charge had priority over any subordinate interests.

• Freezing injunctions
• Priority of charges
• Beneficial interests
• Receivership
• Variation/discharge of injunctions
• Freezing-injunctions

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Click Above Corben Mews Ltd & Anor v 381 Southwark Park Road RTM Company Ltd & Ors

Click Above Corben Mews Ltd & Anor v 381 Southwark Park Road RTM Company Ltd & Ors [2025] EWHC 105 (TCC) (23 January 2025)

The High Court varied a freezing injunction to clarify that fixed charge receivers could deal with and sell Corben Mews flats, because the charge took priority.

• Freezing injunctions
• Priority of charges
• Beneficial interests
• Receivership
• Asset disposal
• Contempt of court

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Lloyd Dorian Williams v Gerwyn Lloyd Williams & Ors

Where land is acquired in joint names for business purposes, the presumption is that the parties hold as tenants in common in equity, not as joint tenants, unless there is clear evidence to the contrary. The trial judge was correct to find that Cefn Coed Farm was acquired as tenants in common in equal shares.

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• Co-ownership of land
• Tenancy in common vs joint tenancy
• Partnership property
• Beneficial interests
• Right of survivorship

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Paul John Asplin v DAS UK Holdings Limited

The variation of the restraint order must include a precondition that the Family Home buy-out can only proceed after completion of the sale of the Rented House. This structure best promotes the statutory purpose of maximising realisation for the confiscation order, ensures Mrs Asplin is fully incentivised to complete the Rented House sale and disavow her beneficial interest, and does not materially undermine the interests of third parties or risk unjust delay.

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• Confiscation orders
• Restraint orders
• Variation of orders
• Beneficial interests
• Mortgage enforcement

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Monica Margaret Ramji v Graham John Harvey & Ors

Mrs Ramji did not establish a common intention or detrimental reliance to support a beneficial interest in 2 MR; the property was owned solely by Mr Ramji. The 2016 transfer of 51 RPC to Lauren was procured by undue influence exerted by Mrs Ramji over Mr Ramji, who was vulnerable and dependent on her, and lacked the requisite understanding of the transaction. The transfer is set aside.

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• Constructive trusts
• Undue influence
• Capacity
• Inheritance (provision for family and dependants) act 1975
• Beneficial interests
• Setting aside transfers

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