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


Published: 22/12/2020


Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.


The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item