Category Archives: Trusts of land

Letting the cat out of the bag? What are the implications of Haley v Haley for the arbitration of TOLATA disputes, 1975 Act claims and Schedule 1 matters?

The decision of the Court of Appeal last week in Haley v Haley [2020] EWCA Civ 1369 represents a fundamental shift in the approach to be taken to challenges to financial remedy arbitration awards, made upon divorce or dissolution of civil partnerships pursuant to the provisions of the Matrimonial Causes Act 1973 (“MCA 1973”) (or […]

Constructive trusts of the family home in Culliford v Thorpe [2018] EWHC 426 (Ch)

HHJ Paul Matthews is knocking out the judgments at the moment and we have another recent decision from him, sitting as a High Court Judge in the Bristol District Registry, dealing with a claim to establish a constructive trust, or alternatively proprietary estoppel, this time in a domestic context. HHJ Matthews used to sit as […]

Presumed resulting trusts of land: NCA v Dong & Ors [2017] EWHC 3116

This is, I must concede, one for the property law geeks (such as myself) who find excitement in the debate over whether or not s.60(3) of the Law of Property Act 1925 has swept away the presumption of a resulting trust upon the gratuitous transfer of land. Chief Master Marsh has weighed into the fray […]