Challenging the Express Declaration of Trust

Sep 20, 2016

Challenging the Express Declaration of Trust

The client contributed equal share to purchase a property. Following the breakdown of their relationship the other side argued that there was an express Declaration of Trust to pay our client £23,000 only.

In the first meeting, a litigation strategy was put forward by Mr Patel, he drafted the TOLATA claim, served all the relevant evidence as per the rules and since then he continuously relies that his clients share is 50% of the overall equity.

Just before the hearing Mr Patel woke up at 3am in the morning on two consecutive days to read the trial bundle with the assistance of his client.

During the course of the hearing the other side appointed a barrister against Mr Patel in order to defeat his argument and prove that there was an express Declaration of Trust.

Mr Patel relied on paragraph 61 of Stack v Dowden [2007] UKHL 17 and cross examined the other side. He had in his mind to prove equal contribution and discredit the witness. Within 15 minutes he had proven to the court that his client is entitled to 50% share.

He also demonstrated to the District Judge by various examples that the other side is not a credible witness. She has given false misrepresentation twice to the lender, and had access to his client’s email account to write emails as she pleases under his name.

The other side during their final submission argued that the District Judge should decide the third option, which means to decide the share on the basis of the evidence. Mr Patel resisted such oral submission because: (1) it is not pleaded by any party; and (2) this was not even a case suggested by the other side during their opening speech or in their written skeleton arguments. District Judge accepted Mr Patel’s submission and rejected other side representative’s submission with criticism.

Client won his 50% share with costs. Obviously, our client was very pleased with the outcome and promised Mr Patel that he would recommend him to his friends and relatives.

image1Client Comments:
“Hi Javed, Thank you so much for all your hard work and effort in winning my case for me. I will be passing your details on to anyone who requires a good solicitor” – MC

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