We are pleased to present to you our latest Guide to TLATA Claims: Constructive Trusts and Proprietary Estoppel. Our Speakers, Helen Brander and Paul Mertens provide a valuable and in-depth updates for all practitioners on the recent developments in both CT and PE claims.
Topics include:
(a) inferring intention in sole name cases - Dobson v Griffey [2018] EWHC 1117; Pillmore v Miah [2019] EWHC 3696;
(b) updates on the requirement for an act of detrimental reliance - Curran v Collins [2015] EWCA Civ 404 and O’Neill v Holland [2020] EWCA Civ 1583;
(c) quantifying an interest in PE claims - the correct approach: Davies v Davies [2016] EWCA Civ 463 or Guest v Guest [2020] EWCA Civ 387 (and Guest has just been granted permission to appeal to UKSC so a possible update on that).
Speakers:
Helen Brander, Barrister & Arbitrator, Pump Court Chambers
Helen provides advice and representation in all aspects of matrimonial and family finance disputes. She often deals with matters involving complex company structures, non-matrimonial property, pre- and post-nuptial agreements (including extra-jurisdictional arrangements), on- and off-shore trusts and complex pension arrangements. She has significant experience in applications for a financial remedy following a foreign divorce.
Helen has a particular interest in family work with a chancery slant and acts in matters involving implied and express trusts under the Trusts of Land and Appointment of Trustees Act 1996 and disputes concerning issues of proprietary estoppel. For further information on her practice please visit: www.pumpcourtc...
Paul Mertens, Barrister, Pump Court Chambers
Paul has a busy civil and family practice and regularly appears in trials across a range of tribunals, from the High Court and County Court to the First-Tier Tribunal (Property Chamber). Recent work has included a case concerning the acquisition of an easement by prescription, a High Court claim involving constructive trusts over two properties in which he appeared for the successful applicant, and a claim involving alleged trusts over eight properties in Wiltshire, which he successfully defeated.
Paul is a member of the Property Bar Association and edits the Landlord and Tenant division of Butterworths Civil Court Precedents, a practitioner text providing commentary and guidance on drafting pleadings in a range of property matters.
In family law, Paul is regularly instructed in financial remedies proceedings and prides himself on trying to achieve the best possible outcome for his clients. Paul also enjoys the cross-over between his family finance and property work and is regularly instructed in cohabitation claims under the Trusts of Land and Appointment of Trustees Act 1996.
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