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Court of AppealThursday 5 February 2015

Juliet Bellis & Co v Challinor & Ors

Juliet Bellis & Co v Challinor & Ors [2015] EWCA Civ 59 Ian Croxford QC and Clare Stanley QC acted for the successful defendant in this Quistclose trust case, which saw the Court of Appeal provide welcome clarification that certainty of intention is an essential part of the test to determine when such a trust arises.

This week the Supreme Court has rejected the claimants’ application for permission to appeal meaning that the law in this area is now settled, bringing English law more into line with other Commonwealth countries which have categorised the Quistclose as a form of express trust.

Download the Judgment here (Crown Copyright)

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