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Practice – Summary judgment. The claimants sought summary judgment and declarations regarding the ownership of property, in respect of which trust deeds had set out ownership. The defendant contended that, notwithstanding those trust deeds, it had been the intention of his elderly father, the second claimant that the defendant would hold the property on trust for him. The Chancery Division granted summary judgment where there was no arguable case that the trust deeds were in fact a sham and where there was no other compelling reason why the case should go to trial.
Practice – Summary judgment. The claimants sought summary judgment and declarations regarding the ownership of property, in respect of which trust deeds had set out ownership. The defendant contended that, notwithstanding those trust deeds, it had been the intention of his elderly father, the second claimant that the defendant would hold the property on trust for him. The Chancery Division granted summary judgment where there was no arguable case that the trust deeds were in fact a sham and where there was no other compelling reason why the case should go to trial.
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