header-logo header-logo

09 May 2014 / Rupert Butler , Thomas Horton
Issue: 7605 / Categories: Features , Property , Commercial
printer mail-detail

Constructive feedback

web_bulter

A constructive trust establishes beneficial interests in property, as Rupert Butler & Thomas Horton report

The declaration of a constructive trust presents one of equity’s practical responses to determine proprietary interests where a claimant has acted to his detriment upon a promise as to the ownership of property. The effect is that the legal owner of the property must accept his role as trustee to the extent of the claimant’s beneficial interests. The recent decision of the Court of Appeal in Agarwala v Agarwala [2013] EWCA Civ 1763, [2014] All ER (D) 150 (Feb) fittingly restates the principles of how a constructive trust establishes beneficial interests in property.

Agarwala: the facts

Jaci Agarwala was Sunil Agarwala’s sister-in-law. Due to Sunil’s poor credit rating, he discussed with Jaci the purchase of a property in her name, which was to be converted into bed and breakfast accommodation. In April 2007, the property was purchased in Jaci’s name, who held the legal title, with the mortgage also in her name. It was agreed that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll