Ely v Robson

Trust and trustee – Constructive trust. The Court of Appeal, Civil Division, dismissed an appeal against a declaration made in the county court regarding the parties' interests in a property legally owned by the respondent. The judge had been entitled to reject the appellant's evidence and to accept that of the respondent before finding that the parties had entered into an oral agreement by which they had agreed their respective interests in the property, which was binding upon them, and upon which the respondent had relied to his detriment by not pursuing his earlier claim for possession of the property.

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