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O'Kelly v Davies

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE PITCHFORD
  • LADY JUSTICE GLOSTER

Areas of Law

  • Equity and Trusts
  • Property and Real Estate Law

AI Generated Summary

The appeal concerns a dispute over beneficial interest in a property solely held by the defendant but declared by the trial judge to be jointly held in trust for herself and the claimant. The defendant's appeal, based on lack of common intention and unlawful agreement, was dismissed. The court upheld the trial judge's finding of a common intention to share the property and ruled that the claimant did not need to rely on unlawful acts to establish his equitable interest. This ruling aligns with principles established in previous cases such as Tinsley v Milligan and Jones v Kernott.