FRJ stage

Trusts

P v Q, R and S [2024] EWFC 164 (B)

https://caselaw.nationalarchives.gov.uk/ewfc/b/2024/164 District Judge Veal. Final hearing concerning W’s claim in financial remedy proceedings for a beneficial interest in two properties which had been bought and renovated by H and the intervenors, H’s parents. District Judge Veal found that W had

IN v CH [2024] EWFC 233

https://caselaw.nationalarchives.gov.uk/ewfc/2024/233 Mr Stephen Trowell KC. The husband and wife made competing applications for an order for sale in respect of the matrimonial home and a yacht. The court found that the wife did not have a beneficial interest in the matrimonial home and

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg

In Stack v Dowden [2007] UKHL 17, at [49], Baroness Hale said that ‘[n]o-one now doubts that … an express declaration [of trust] is conclusive unless varied by subsequent agreement or affected by proprietary estoppel’. It might reasonably be observed that the authority cited for that proposition, the decision of

GW v GH [2023] EWFC 298 (B)

https://www.bailii.org/ew/cases/EWFC/OJ/2023/298.html District Judge Napier held that the best interests of the children were the first but not the only consideration in MRC 1973 s 25. The CAO had not specified ‘private’ education, and the FRC should not prioritise private education