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09 May 2014 / Rupert Butler , Thomas Horton
Issue: 7605 / Categories: Features , Property , Commercial
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Constructive feedback

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A constructive trust establishes beneficial interests in property, as Rupert Butler & Thomas Horton report

The declaration of a constructive trust presents one of equity’s practical responses to determine proprietary interests where a claimant has acted to his detriment upon a promise as to the ownership of property. The effect is that the legal owner of the property must accept his role as trustee to the extent of the claimant’s beneficial interests. The recent decision of the Court of Appeal in Agarwala v Agarwala [2013] EWCA Civ 1763, [2014] All ER (D) 150 (Feb) fittingly restates the principles of how a constructive trust establishes beneficial interests in property.

Agarwala: the facts

Jaci Agarwala was Sunil Agarwala’s sister-in-law. Due to Sunil’s poor credit rating, he discussed with Jaci the purchase of a property in her name, which was to be converted into bed and breakfast accommodation. In April 2007, the property was purchased in Jaci’s name, who held the legal title, with the mortgage also in her name. It was agreed that

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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