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England and Wales decisions
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The High Court allowed an appeal in a family property dispute, holding that a new constructive trust could not be found without evidence of detrimental reliance by Fakar Uddin.
Uddin v Uddin [2026] EWHC 150 (Ch) (30 January 2026)
The High Court allowed an appeal in a family property dispute, holding that a common intention constructive trust could not be found without evidence of detrimental reliance.
Reid-Roberts & Anor v Mei-Lin & Anor [2026] EWHC 49 (Ch) (15 January 2026)
High Court appeal in a bankruptcy property dispute. The court held WhatsApp/email exchanges did not transfer the husband’s beneficial interest, but reduced the possession deferment from 2032 to 2027.
Dervis v Deniz [2025] EWHC 902 (Ch) (11 April 2025)
High Court appeal about a joint tenancy in property, whether an email exchange released a beneficial interest, and whether a new unpleaded claim could be raised on appeal.
The Supreme Court held that a vendor-purchaser constructive trust arose over equitable interests in company shares, and that section 53(1)(c) applies beyond land.
The written communications between the bankrupt and the first respondent did not amount to a legally effective disposition of the bankrupt's beneficial interest in the property prior to bankruptcy, as they were negotiations within divorce proceedings and only a court order could effect such a transfer (Xydhias v Xydhias applied). Therefore, the interest vested in the trustees. However, exceptional circumstances exist under s.335A IA 1986 due to the bankrupt's misconduct in delaying the family court judgment and failing to disclose the bankruptcy proceedings, which frustrated the first respond…
Source excerpt
Begum v Miah [2024] EWHC 697 (Ch) (09 February 2024)
The High Court allowed an appeal in a beneficial ownership dispute, holding that a 3 August 2019 agreement did not divest the appellant of her half share in the property.
White & Ors v Vandervell Trustees Ltd. (No. 2) [1974] EWCA Civ 7 (03 July 1974)
Court of Appeal held the 1961 shares were held on trust for the children’s settlement, so the executors could not claim the dividends.
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