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England and Wales decisions
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Bhattacharya & Anor v Robert Armstrong & Anor [2026] EWHC 759 (Ch) (30 March 2026)
The High Court refused daughters’ bid to set aside an insolvency declaration over property ownership, finding no real prospect of success and holding the application abusive.
The High Court refused non-parties’ bid to set aside a bankruptcy declaration about ownership of a London property, finding no real prospect of success and abuse of process.
The tribunal dismissed a mother’s land registration applications, finding the properties were gifts to her daughter and that the presumption of advancement was not rebutted.
The DT1 trust deed in favour of JF is void and a sham as it does not reflect the true intentions of the parties and lacks evidential basis; IF has a beneficial interest in SDF under a valid trust (DT2), or alternatively by resulting or constructive trust, entitling him to repayment of £57,500 and 40% of the net sale proceeds, with the remainder split between W and H.
Source excerpt
Mother’s advances to Kouri were prima facie repayable, but credit must be given for repayments and voluntary transfers. The obligation is an equitable debt, not a compensatory obligation. No evidence supports misappropriation of jewellery or receipt of rent for personal benefit. The Heads of Agreement was not intended to be legally binding.
Source excerpt
Bhima v Kudhail (Beneficial Interest - Resulting Trust - Constructive Trust - Investment Property) [2025] UKFTT 1448 (PC) (03 November 2025)
The Tribunal found the applicant proved beneficial interests in two flats under a resulting or constructive trust after contributing purchase funds and showing an express investment agreement.
The Tribunal held that the applicant proved a beneficial interest in two flats under a resulting or constructive trust and ordered the land registrar to give effect to his applications.
The 3 August 2019 document did not operate as an immediate disposition of the appellant’s beneficial interest and did not satisfy section 53(1)(c) of the Law of Property Act 1925. There was no clear evidence of a common intention constructive trust whereby the appellant relinquished her beneficial interest. The respondent’s notice was an invalid cross-appeal and relief against sanction was refused. The appellant retains her 50 per cent beneficial interest and orders 2 to 8 of the judge’s order are set aside.
Source excerpt
Daniel Family Homes Ltd & Anor v Gold & Anor [2025] EWHC 2697 (Ch) (20 October 2025)
Chancery appeal over property occupation, loans, trust claims, trespass damages and costs. The court upheld most findings but allowed damages for trespass after June 2021.
Bedford v Greig & Anor (Form RX1 application to enter a Form A and Form II restriction - claimed beneficial interest pursuant to a constructive or resulting trust or proprietary estoppel - cohabitees) [2025] UKFTT 1302 (PC) (16 October 2025)
The tribunal dismissed a cohabitee’s claim to a beneficial interest in Brighton property, finding no proven common intention, resulting trust, or proprietary estoppel.
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