MKB Solicitors are pleased to announce a successful outcome in a longstanding Trust of Land and Appointment of Trustees Act 1996 (TLATA) claim, in which Luke Newton represented the Defendant. The matter concerned a property dispute in which the Claimant was seeking a 50% equitable interest in the Defendant’s property valued at over £300,000, alleging the existence of an express trust.

The Claimant argued that an express agreement had been made which entitled them to an equal beneficial interest in the property, despite the legal title being solely in the Defendant’s name. The claim was vigorously contested, with the Defendant maintaining that no such express agreement had been made, and that the Claimant had no legal or equitable stake in the property.

After a fully contested hearing with the Defendant represented by Mr Bryan Patterson-Whitaker (Barrister), the Court agreed with the submissions advanced on behalf of the Defendant and dismissed the Claimant’s claim in its entirety. The Judge found that there was insufficient evidence to support the existence of an express trust, and that the Claimant had failed to meet the legal burden of proof required to establish such an interest.

In addition to the dismissal of the claim, the Court also ordered the Claimant to pay the Defendant’s costs of the proceedings, marking a comprehensive victory for MKB Solicitors and their client.

Speaking on the outcome, Luke Newton commented:

“This was a matter that required a careful and detailed approach to both the legal principles under TLATA and the factual matrix. We are pleased that the Court recognised the weakness in the Claimant’s case and that our client’s legal and equitable position has been upheld in full.”

This result highlights the importance of clear evidence in trust and property disputes and reaffirms the principle that equitable interests must be substantiated by compelling proof, particularly in cases involving express trusts.

What is TLATA – TLATA gives courts certain powers to resolve property disputes between unmarried couples. The court is asked to determine who are the legal and beneficial owners of a property and in what proportions.

For advice on property disputes or TLATA claims, please contact Luke Newton at MKB Solicitors.