Sarah Worthington Q.C. (Hon) (sitting as a Deputy High Court Judge) has handed down her judgment in Ali v Dinc [2020] EWHC 3055 (Ch). The case concerned claims to equitable proprietary interests in real property. The claims were made by Mr Huseyin Ali, the previous registered owner of two freehold properties, against Mr Ismet Dinc, the current registered freeholder, and against Mr Selahi Dinc, a subsequently registered lessee, and against Charter Court Financial Services Limited, a subsequently registered chargee, both of whom derived their registered interests from the First Defendant.
The decision will be of interest to all Commercial Chancery practitioners. It contains a detailed examination of the law relating to Quistclose / resulting trusts, constructive trusts and other proprietary remedies. It also contains a clear and important analysis of the law relating to priorities of property interests and the application of the principle in Wishart v Credit and Mercantile plc [2015] 2 P&CR 15.
Nicholas Trompeter (instructed by Philip Cohen and Vikash Savani of Ince Gordon Dadds LLP) acted for the successful Claimant.
The judgment can be found here.