Co-ownership and Trusts of Land
Cases include:
M v M
Dispute between a father and son regarding various properties, promissory estoppel, and constructive trusts with an international element. The matter started as a small claim and was transferred to the multi-track. Proceedings were settled after I drafted a Reply to the Amended Defence.
DH v PP
Dispute between former cohabiting couple and whether or not there was a common intention constructive trust.
SH v ZM
Dispute between a former couple which included significant analysis of financial statements, taking of an account and occupation rent.
DY v MH
Dispute between former cohabitating couple where it was alleged that there was an engagement which was denied. There was an argument about whether a ‘garden office’ constituted a substantial improvement to the property. The matter was settled in a mediation in which I appeared.
JF v MR and KR
A matter which concerned express declaration of trust between a mother and son with the former girlfriend. Arguments surrounding running an equitable account before the relationship breakdown to take into account significant unmet contributions made by one party.
RM v PB
A dispute about jointly held property and whether an unsigned declaration of trust constituted a ‘settled agreement’ between the parties. Satellite arguments over estoppel and whether there has been detriment. The property was in negative equity the majority of time since purchase.
Residential Property
GB v AP, NS and EH
Currently advising pre-issue a long leaseholder in relation to repairing covenants and enforcement covenants with the freeholder. Interesting point of law in relation to direct enforcement of the repairing covenants against another long leaseholder within the same building who recently died.
LS v MC
Advising on the interpretation of a lease and supplemental lease for an application to the FTT. Dispute over the reasonableness of service charges and whether the property constitutes a ‘dwelling’ for the purposes of the 1985 Act.