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

Read case analysis

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

Read case analysis

Solad Sakander Mohammed & Ors v Sabir Ahmed Ebrahim Daji & Ors

The Court of Appeal dismissed an appeal over Abbey Mills, holding the funds were raised for a London trust and local trustees, not the Dewsbury Trust.

• Charitable trusts
• Implied trusts
• Trust deeds
• Beneficial ownership
• Donor intention
• Trustee appointment

Read case analysis

Lee Antony Manning & Ors v 2 Four 6 Marketing Limited & Ors (Re Festicket Ltd (in Administration))

The High Court held that Festicket’s standard ticket agency agreements did not create a trust over ticket sale proceeds; the relationship was debtor-creditor.

• Existence of trust over ticket sale proceeds
• Agency-principal relationship
• Construction of commercial agreements
• Implied trusts
• Fiduciary duties
• Insolvency

Read case analysis

Manning & Ors v 2 Four 6 Marketing Ltd & Ors (Re Festicket Ltd - Insolvency Act 1986)

Manning & Ors v 2 Four 6 Marketing Ltd & Ors (Re Festicket Ltd - Insolvency Act 1986) [2024] EWHC 1554 (Ch) (21 June 2024)

The High Court held that Festicket’s standard ticket agency agreements did not create a trust over ticket sale proceeds and refused relief for extra arguments.

• Existence of trust over ticket sale proceeds
• Agency-principal relationship
• Implied trusts
• Relief from sanctions
• Trusts
• Agency

Read case analysis

Stopjoin Projects Ltd v Balfour Beatty Engineering Services (HY) Ltd

The court struck out the assignment-based claim over Portwall Lane but allowed the implied trust claim to proceed, finding it arguable on the facts.

• Assignment of contractual rights
• Anti-assignment clauses
• Implied trusts
• Summary judgment
• Factoring of receivables
• Anti-assignment-clauses

Read case analysis

Stopjoin Projects Ltd v Balfour Beatty Engineering Services (HY) Ltd

Stopjoin Projects Ltd v Balfour Beatty Engineering Services (HY) Ltd [2014] EWHC 589 (TCC) (13 January 2014)

The court rejected a claim based on assignment of subcontract debts under an anti-assignment clause, but allowed the implied trust argument to proceed.

• Assignment of contractual rights
• Anti-assignment clauses
• Implied trusts
• Vandepitte procedure
• Variation of contract terms
• Waiver and estoppel

Read case analysis

Martin v Secretary of State for Work and Pensions

Martin v Secretary of State for Work and Pensions [2009] EWCA Civ 1289 (27 November 2009)

The Court of Appeal held that French law governed a French property arrangement, so the claimant’s house value counted as capital for income support.

• Income support
• Capital assessment
• Applicable law
• Implied trusts
• Foreign property
• Income-support

Read case analysis

Martin v Secretary of State for Work and Pensions

The Court of Appeal held that French law governed a French property arrangement, so the claimant’s beneficial-interest argument under English trust law failed.

• Income support
• Capital assessment
• Implied trusts
• Applicable law
• Foreign property
• Burden of proof

Read case analysis

Hannan & Anor v Maxton

The Court of Appeal allowed an appeal on costs, holding the appellant should have recovered standard costs after succeeding on her counterclaim and beating her Part 36 offer.

• Costs
• Implied trusts
• Alternative dispute resolution
• Part 36 offers
• Part-36
• Alternative-dispute-resolution

Read case analysis