Family Law Hub

Oberman v Collins & Anor [2020] EWHC 3533 (Ch)

Following the separation of the claimant and the first defendant, the claimant sought a declaration that she was beneficially entitled to 50% of a number of properties held by the defendants, either under a common intention constructive trust or a partnership, and for relief under ss 994 and 996 of the Companies Act 2006 on the grounds of unfair prejudice. Tom Leech QC (sitting as a judge of the Chancery Division), found the first defendant to be an unsatisfactory witness, his evidence being inconsistent with key documents. He had made a conscious decision to ignore the undertakings which he had given to the claimant. After a detailed consideration of the facts, the judge declared that the claimant had a 50% interest in some of the properties, with the first defendant ordered to account for various sums of money, and to pay her all sums due.

Judgment, published: 22/12/2020

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Published: 22/12/2020

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