England and Wales Case Law

Reid-Roberts & Anor v Mei-Lin & Anor (Re Audun Mar Gudmundsson (a Bankrupt) - Insolvency Act 1986 - sec.14 Trusts of Land and Appointment of Trustees Act 1996)

Reid-Roberts & Anor v Mei-Lin & Anor (Re Audun Mar Gudmundsson (a Bankrupt) - Insolvency Act 1986 - sec.14 Trusts of Land and Appointment of Trustees Act 1996) [2024] EWHC 759 (Ch) (10 April 2024)

The High Court held that the bankrupt’s interest in the former matrimonial home had vested in the trustees and refused a sale order, finding exceptional circumstances under s.335A.

• Beneficial ownership
• Disposition of equitable interest
• Exceptional circumstances under s.335a insolvency act 1986
• Issue estoppel
• Admissions in litigation
• Bankruptcy

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Lee Hudson v Jayne Hathway

Court of Appeal held that email exchanges could release a joint owner’s beneficial interest in a home and that detrimental reliance remained necessary for a constructive trust.

• Constructive trusts
• Beneficial ownership
• Statutory formalities
• Detrimental reliance
• Disposition of equitable interest
• Electronic signatures

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Wallbank & Anor v Price

Wallbank & Anor v Price [2007] EWHC 3001 (Ch) (28 November 2007)

The High Court held that Mrs Price’s 1998 declaration was not procured by duress or undue influence, and it severed the beneficial joint tenancy.

• Undue influence
• Duress
• Severance of joint tenancy
• Declarations of trust
• Disposition of equitable interest
• Undue-influence

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Chandler v Clark

Chandler v Clark [2002] EWCA Civ 1249 (28 June 2002)

Court of Appeal held a 6 June 1997 note did not itself transfer Mr Chandler’s equitable interest; the beneficial ownership question was remitted for further inquiry.

• Beneficial ownership
• Disposition of equitable interest
• Joint tenancy vs tenancy in common
• Compliance with law of property act 1925 and law of property (miscellaneous provisions) act 1989
• Beneficial-ownership
• Equitable-interest

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