TOLATA Claims
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Hudson v Hathway [2022] EWCA Civ 1648
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
!14/12/2022 09:00
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Paul v Paul & Ors [2022] EWHC 1638 (Fam)
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
- Inheritance Act Applications
- TOLATA Claims
!14/06/2022 09:00
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Fattal v Fattal [2022] EHWC 950 (Ch)
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
!22/04/2022 13:21
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Enal v Singh & Ors (Trinidad and Tobago) [2022] UKPC 13
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
- Undue Influence
- Role of Appellate Court
- Appeals
- TOLATA Claims
- Resulting Trusts
!11/04/2022 09:00
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Ali v Khatib & Ors [2022] EWCA Civ 481
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
!08/04/2022 09:00
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Hudson v Hathway [2022] EWHC 631 (QB)
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
!21/03/2022 11:00
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Aldoukhi v Abdullah [2021] EWHC 3086 (Fam)
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
!18/11/2021 08:00
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Lomax v Lomax [2019] EWCA Civ 1467
http://www.bailii.org/ew/cases/EWCA/Civ/2019/1467.html
- Cases
- TOLATA Claims
- Inheritance Act Applications
!06/08/2019
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SR v HR [2018] EWHC 606 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2018/606.html
- Cases
- Sale of Property
- Executory Orders
- Setting Aside Orders (Including Barder Applications)
- TOLATA Claims
!23/03/2018
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WS v HS [2018] EWFC 11
http://www.bailii.org/ew/cases/EWFC/HCJ/2018/11.html
- Cases
- Sale of Property
- TOLATA Claims
!28/02/2018
