"Pallant v Morgan" constructive trust Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd [2005] EWCA Civ 1355. In dismissing an appeal on the facts the CA (citing the first instance judge) succinctly explained the principle of the Pallant v Morgan constructive...
Co-ownership and Estoppel
This section of the site deals with various matters concerned with co-ownership and estoppel.
Please click on the topic of interest to you on the list on the left.
To mediate a co-ownership dispute go to The Property Mediators website
Partnership
Co-ownership Relationship with partnership law. Bathurst v Scarborow [2004] EWCA Civ 411 The general rule is that property bought with partnership money belongs to the partnership. The burden is on the partner who claims otherwise to prove it. There is a presumption...
Equitable accounting
Introduction "Equitable accounting" is the phrase that has been commonly used to determine whether or not there should be some re-adjustment of sums payable (after the court has determined whether or not each party has a share in the property; and if so what that...
Proprietary estoppel
This section deals with two very important cases on proprietary estoppel - in particular the HL decision in Yeomans Row v Cobbe - which re-establish the principles of proprietary estoppel; and subsequent decisions. See contents on left.
Legal and beneficial ownership
This page deals with three issues: Application of the Jones v Kernott test. Application of the principles in Stack v Dowden to investment property. Illegality. Application of the Jones v Kernott test Lack of child support Barnes v Phillips [2015] EWCA Civ 1056 Summary...