As Millett LJ noted in Paragon Finance v DB Thakerar & Co [1998], Constructive trusts arise “whenever the circumstances are such that it would be unconscionable for the owner of property (usually but not necessarily the legal estate) to assert his own beneficial interest in the property and deny the beneficial interest of another”.
Fraud and deception between cousins is the theme of this week’s case. When a forged signature was only exposed after the final judgment the question was whether the victim could return to the courts or if doing so would undermine the certainty that law in
In the past when terrorist incidents rocked the UK or some other part of the world it was not uncommon for people to only hear about it later that evening on the news. Today, with social media, that has changed and so after the devastating
The financial crisis of 2008 may now be far behind us but the legal ramifications are still subject to legal dispute. In this case we look at interest payments made to creditors after Lehman Brothers went into administration and consider what should rightly happen to
There are essentially two types of remedy available in this area: *in personam (against the person for breach of a duty of care etc.) *in rem (against the property, normally when you are trying to get it back) There also happen to be two types
The Immigration Rules are an integral part of the legal system but have been criticised for their complexity and prescriptive nature. In this week’s episode we examine the rules in the context of the proposed deportation of Robinson who came to the UK as a
Whereas a duty must be exercised by a trustee, a power is something that can be exercised by the trustee.
What role does medical evidence play in a legal battle? On the one hand medical practitioners bring their own clinical expertise to a case but the final decision rests with the judge. In this case the Upper Tribunal went against the medical evidence and it
This week we return to Northern Ireland for another case about the Troubles and unfortunately it’s the same old story. More delays and further failures to investigate only provide more cause for resentment and in this case we examine the role that the courts have
The European Arrest Warrant is a key tool for fighting crime and is a prime example of EU co-operation at its finest. In this case we explore what protection is available for those named in a warrant, deficiencies in the UK’s implementation and what the