Girvan, Peter Michael and Jonathan Harris Edwin Hool and Gillian Patricia Hool [2021] NICh 26 (20 December 2021)

The court found insufficient evidence of trust or applicant's beneficial interest; respondents are sole beneficial owners.

Source-derived case information.

Citation: [2021] NICh 26
Parties: Applicant: Peter Michael Girvan; Respondent: Jonathan Harris Edwin Hool; Respondent: Gillian Patricia Hool
Jurisdiction: Northern Ireland
Judgment Date: 20 December 2021
Procedural Posture: Chancery Division / Judgment
Outcome: claim dismissed
Legal Topics: Ownership Dispute, Trusts

Property Law Ownership Dispute Trusts

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Peter Michael Girvan

Applicant

Jonathan Harris Edwin Hool

Respondent

Gillian Patricia Hool

Respondent

Procedural Posture

Chancery Division / Judgment

Legal Issues

1 Whether the property is held in trust
2 Entitlement to beneficial ownership

Ratio Decidendi

The court found insufficient evidence of trust or applicant's beneficial interest; respondents are sole beneficial owners.

Court Disposition

claim dismissed

Orders

Applicant's claim for declaration of trust and beneficial ownership is dismissed.
Respondents confirmed as sole beneficial owners.

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