TLATA

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

The Jurisdiction of the Family Court to Determine Property Disputes in Favour of Third Parties

Introduction The Family Court does not have Trusts of Land and Appointment of Trustees Act 1996 (TLATA)[[1]] jurisdiction.[[2]] This creates a particular problem for proceedings in a Family Court which is not also a county court, most obviously the Central Family Court (CFC) in London. This article, although

Michael Spencer v Estate of John Spencer (Deceased) & Ors [2023] EWHC 2050 (Ch)

Judgment date: 09 August 2023 https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050 Rajah J. Proprietary estoppel case involving a farm including approach to detriment and remedy post-Guest. Applicant Michael Spencer farmed in partnership with his father, John Spencer, deceased, on land owned by John. John’s Will left

Hughes v Pritchard and Others [2023] EWHC 1382 (Ch)

Judgment date: 12 June 2023 https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/1382 HHJ Keyser KC. Propriety estoppel case. Cattle farmer Evan Hughes died leaving three children, the claimant Gareth Hughes, the defendant Carys Richards, and another child, Elfed, whose widow Gwen Hughes was the second defendant. The remaining

Teasdale v Carter and Teasdale [2023] EWHC 490 (Fam)

Judgment date: 07 March 2023 https://caselaw.nationalarchives.gov.uk/ewhc/fam/2023/490 Moor J. Appeal in farming estoppel case with astronomical costs far exceeding the value of the property in question. The first respondent, Ms Carter, was the elder daughter of the appellant mother and second respondent father.

Fair Shares? Sorting Out Money and Property on Divorce

Fair Shares? Sorting Out Money and Property on Divorce

Introduction For the 100,000 couples who divorce annually in England and Wales, the financial arrangements they make can determine the future standard of living that they and their children will have. Yet, only a third of them use the legal system to reach a financial settlement, with the remaining

Oil on Troubled Waters

Oil on Troubled Waters

Hudson v Hathway [2022] EWCA Civ 1648 is another dispute in the seemingly never-ending conveyor-belt of cases about real ownership of a home. The property – Picnic House – (the litigation being anything but a picnic) was upon its acquisition in 2007 legally and beneficially owned by Lee Hudson (LH) and Jayne

Hudson v Hathway [2022] EWCA Civ 1648

Judgment date: 14 December 2022 http://www.bailii.org/ew/cases/EWCA/Civ/2022/1648.html 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