TOLATA Claims
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Hudson v Hathway [2022] EWCA Civ 164814 December 2022
Lewison, Andrews and Nugee LJJ. Second appeal on whether detriment remained a requirement of a constructive trust, given not mentioned in either Stack or Kernott.Unmarried couple, house in joint names. On separation, parties agreed that Ms Hathaway would…
- Cases
- s 53 LPA 1925
- Detrimental Reliance
- TOLATA Claims
- Signature
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Paul v Paul & Ors [2022] EWHC 1638 (Fam)14 June 2022
Moor J.Application by K for reasonable financial provision from estate of her late husband S, and a declaration that the FMH in S’s sole name was held on constructive trust for herself and S’s estate in equal shares. For unknown reasons, as marriage happy…
- Cases
- TOLATA Claims
- Inheritance Act Applications
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Hudson v Hathway [2022] EWHC 631 (QB)21 March 2022
Kerr J.Unmarried couple with family home in joint names. On separation, they agreed respondent would retain house and savings and forsake interest in claimant’s pension and shares (even though unmarried). Thereafter the respondent paid the interest-…
- Cases
- TOLATA Claims
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Fattal v Fattal [2022] EHWC 950 (Ch)22 April 2022
Deputy Master Hansen.The claimant bought a property in 1972. In 1990 he transferred it to his brother, the defendant, in the mistaken belief that the latter had paid him £400,000. Although the brothers lived there together, the judge found no common inten…
- Cases
- TOLATA Claims
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Ali v Khatib & Ors [2022] EWCA Civ 4818 April 2022
Asplin, Stuart-Smith and Andrews LJJ.Multigenerational family home. Mrs Bibi lived in her home with one of her sons and his family (the respondents) and in a 2003 will left the home to them. Some years after her death, this will was successfully challenge…
- Cases
- TOLATA Claims
- Occupation Rent
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Enal v Singh & Ors (Trinidad and Tobago) [2022] UKPC 1311 April 2022
Lords Briggs, Kitchin and Hamblen, Lady Rose, and Sir Nicholas Patten.On appeal to the Privy Council from the CA of Trinidad and Tobago. Mr Maharaj, the father of R and S, paid for a parcel of commercial properties which he placed in the name of R and S u…
- Cases
- Presumption of Advancement
- TOLATA Claims
- Undue Influence
- Role of Appellate Court
- Appeals
- Resulting Trusts
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Aldoukhi v Abdullah [2021] EWHC 3086 (Fam)18 November 2021
Moor J.W’s applications under TOLATA and Part III MFPA concerning three properties in London. H and W were Kuwaiti nationals. W had received a financial award from the Kuwait Court in 2019.This appears to be the first reported case where jurisdiction was…
- Cases
- TOLATA Claims
- Overseas Divorce and the 1984 Act
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Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs) [2012] EWHC 408 (Fam)2 March 2012
http://www.bailii.org/ew/cases/EWHC/Fam/2012/408.html
- Cases
- TOLATA Claims
- First Appointments
- Joinder of Third Parties
- Interest
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Baker v Rowe [2009] EWCA Civ 1162, [2010] 1 FLR 7616 November 2009
http://www.bailii.org/ew/cases/EWCA/Civ/2009/1162.html
- Cases
- TOLATA Claims
- Costs
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OS v DS [2004] EWHC 2376 (Fam)6 October 2004
http://www.bailii.org/ew/cases/EWHC/Fam/2004/2376.html
- Cases
- TOLATA Claims
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