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One man’s inference is another man’s imputation: logic theory and legal practice in TOLATA 1996 claims

Date:31 OCT 2016
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‘From a drop of water a logician could infer the possibility of an Atlantic or a Niagra without having seen or heard of one or the other.’ (Arthur Conan Doyle The Adventures of Sherlock Holmes)

In domestic cases involving a dispute about the fact and/or extent of a party’s beneficial interest in property the search is primarily to ascertain the parties’ intentions whether expressed or inferred (Jones v Kernott [2011] UKSC 53 [2012] 1 FLR 45 at para [31]). If a property’s legal title is held in two parties’ joint names (A and B) the law presumes that both parties (A and B) hold the beneficial interest under a joint tenancy. If legal title is in a party’s sole name (A) the presumption is that A is the sole beneficial owner. The other party (B) must satisfy the court that he has some beneficial interest in the property before seeking a quantification of that interest. In the latter ‘sole name’ case and absent a written declaration of trust the court relies principally on oral agreements or the parties’ conduct...

Read the full article here.