Bunting v Blaney & Anor [2024] NICh 13 (13 December 2024)

Bunting v Blaney & Anor [2024] NICh 13 (13 December 2024)

Carmel Blaney has a beneficial interest in the Premises under a common intention constructive trust, established by evidence of shared intention and detrimental reliance. The size of her share cannot be precisely quantified due to lack of express agreement or clear inference, but is to be determined objectively from the parties' conduct. The Premises are held by Eamon Blaney (and his Trustee in Bankruptcy) and Carmel Blaney on a constructive trust, with accounts and enquiries to be taken to quantify shares and determine priority of creditor claims.

Citation
[2024] NICh 13
Parties
Plaintiff: Robert Bunting; First Defendant: Eamon Blaney; Second Defendant: Carmel Blaney; Plaintiff: Excel-A-Rate Business Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
13 December 2024
Procedural Posture
Chancery Division Possession and Beneficial Interest / Final Judgment on Entitlement and Quantification of Beneficial Interest, With Accounts and Enquiries Reserved
Outcome
Declaration that Carmel Blaney has a beneficial interest in the Premises under a common intention constructive trust; quantification and priority of interests reserved for further hearing.
Legal Topics
Common Intention Constructive Trust, Beneficial Interest, Priority of Creditors, Mortgage Enforcement, Quantification of Shares, Creditor Claims, Bankruptcy
Equity Trusts Property Law Family Law Bankruptcy Common Intention Constructive Trust Beneficial Interest Priority of Creditors +3 more

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Parties

Robert Bunting

Plaintiff

Eamon Blaney

First Defendant

Carmel Blaney

Second Defendant

Excel-A-Rate Business Services Ltd

Plaintiff

Procedural Posture

Chancery Division Possession and Beneficial Interest / Final Judgment on Entitlement and Quantification of Beneficial Interest, With Accounts and Enquiries Reserved

Legal Issues

  1. 1 Does Carmel Blaney have a beneficial interest in the Premises?
  2. 2 What is the size of Carmel Blaney's beneficial interest?
  3. 3 Does Carmel Blaney's interest rank in priority to the interests of Robert Bunting and Excel-A-Rate Business Services Ltd?

Ratio Decidendi

Carmel Blaney has a beneficial interest in the Premises under a common intention constructive trust, established by evidence of shared intention and detrimental reliance. The size of her share cannot be precisely quantified due to lack of express agreement or clear inference, but is to be determined objectively from the parties' conduct. The Premises are held by Eamon Blaney (and his Trustee in Bankruptcy) and Carmel Blaney on a constructive trust, with accounts and enquiries to be taken to quantify shares and determine priority of creditor claims.

Court Disposition

Declaration that Carmel Blaney has a beneficial interest in the Premises under a common intention constructive trust; quantification and priority of interests reserved for further hearing.

Orders

  • Premises held on constructive trust for Eamon Blaney (and his Trustee in Bankruptcy) and Carmel Blaney.
  • Accounts and enquiries to be taken to determine final amounts due to Robert Bunting and Excel-A-Rate Business Services Ltd, and to quantify beneficial shares.