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Samson v Gardner

17th December 2009

Trusts

The purchase of a property in the defendant's name with money provided by the claimant had given rise to a resulting trust in the property and the proceeds of its subsequent sale, and the defendant's use of those proceeds to purchase a second property in his name, constituted a breach of trust. There was no evidence that the claimant had undertaken the role of a father so as to become in loco parentis to the defendant, and the presumption of advancement did not, therefore, apply.

Alexander Bastin represented Gardner & McCarthy in the High Court (Queen’s Bench Division). For further details, please refer to the full judgment: Samson v Gardner [2009] EWHC 3369 (QB)

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