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Begum v Klarit [2005] EWCA Civ 234

Begum v Klarit [2005] EWCA Civ 234

Bell Lax acted for the claimant under a ‘no win, no fee’ agreement regarding this property dispute.

In this Court of Appeal case, Bell Lax issued proceedings on the claimant’s behalf for a declaration that she held a property on trust for herself and the defendant in equal shares.

Although the claimant had full legal title to the property, the defendant sough to rely on a document entitled ‘Declaration of Trust’ which appeared to indicated that she owned full beneficial interested.

At first instance, the judge found in favour of the claimant. The defendant subsequently appealed.

Bell Lax successfully defended the appeal, which was duly dismissed.

The Court of Appeal held that although the judge at first instance had failed to follow the correct approach, namely that in such cases respect must first be paid to the substance of a declaration of trust, nevertheless, this did not truly reflect the agreement reached by the parties. The trial judge was correct in finding in favour of Bell Lax’s client.