Case reference | REF/2016/1161 |
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Date of decision | 10/12/2018 |
Adjudicator | Former Principal Judge Elizabeth Cooke |
Applicant | Andrew Upson |
Respondent | John Vincent Bailey |
Main Category & Sub Category | |
Category | Beneficial interests, trusts and restrictions |
Sub Category | Constructive trust - inferred common intention |
Secondary Category & Sub Category | |
Category | Beneficial interests, trusts and restrictions |
Sub Category | Constructive trust - inferred common intention |
Decision notes | [2019] UKFTT 47 (PC). Property purchased in Respondent's name renovated, over a period exceeding 10 years, by Applicant. He claimed to have a beneficial interest in it on the basis of a common intention constructive trust and applied for the entry of a restriction. Applicant's evidence was focused on the work he had done, but there was no evidence of any agreement or understanding and the registrar was directed to cancel the application for a restriction. Moreover, the agreement that Applicant claimed was made would have given him a claim in debt but not joint ownership. |
Download decision(s) | [2019] UKFTT 47 (PC) |