O'Kelly v Davies

Trust and trustee – Constructive trust. The Court of Appeal, Civil Division, dismissed the defendant's appeal against the decision of a judge in the county court in which he made a declaration that the defendant held a property on trust for herself and the claimant in equal shares. The court held, amongst other things, that the facts found by the judge were not inconsistent with a common intention to share the beneficial interest in the property equally, in circumstances where that property and a previous property had been held in the defendant's sole name. The judge had found that the properties had been held in the defendant's sole name to enable her to claim benefits as a single women and then as a single mother. However, the court further held that it had not been necessary for the claimant to advance his unlawful agreement in order to make good his claim to a constructive trust.

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