The Appellant, a former solicitor, claimed he held a beneficial interest in property by way of constructive or resulting trust. Read more >
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Desmond Kilcoyne has been acting on behalf of the Defendant, Audra Wamsteker, in a six-day trial brought against her by her father, Paul David. Judgment has been reserved. The dispute concerns the ownership of two domestic properties, the proceeds of sale of four American properties and her late mother’s jewellery collection. The legal issues include (potentially) the application of the principles of common intention constructive trust (CICT) after Stack v Dowden (2007) and Jones v Kernott (2011) where: (i) improvement work to a property is paid for, and/or done, by a person without an express agreement or understanding that that person will acquire an interest in the land (i.e. the second class of CICT identified in Lloyds Bank v Rosset (1990); and, (ii) investment property is purchased by a member of a family and another close family member alleges sole or joint ownership.
The case has been covered in the national press during the course of the trial, including The Times and The Telegraph.