Catriona Margaret Archer v James Wallis Archer & Ors [2026] EWHC 468 (Fam)

Henke J. Appeal from finding that an estoppel had arisen in favour of the intervenors to FR proceedings. Henke J held that the trial judge failed to properly consider nature of assurances relied upon and had not adequately explained his findings. Consideration of law relating to appeals out of time.

[2026] 1 FRJ 19. When thinking of constructive trusts, most financial remedy lawyers will have in mind the common intention constructive trust. However, this is not the only type of constructive trust. The newly christened ‘acquisition constructive trust’ is one with which to become familiar.

Andrew Sutcliffe KC (sitting as a judge of the High Court) upheld a proprietary estoppel claim arising from a broken promise that a son would inherit the family farm, finding that assurances had been relied upon to the claimant's detriment over 35 years.