The recent High Court appeal in the case of Archibald v Alexander is a useful reminder that the apparent absence of detriment may not be fatal to the assertion of a constructive trust in respect of jointly owned property. It is also a reminder that a constructive trust may arise outside the confines of the “common intention constructive trust”.
On Monday 18 November 2019, the High Court dismissed proceedings in which the Pring family alleged Julianna Moore had orchestrated the murder of her husband Barry John Pring in Kiev, Ukraine, on 16/17 February 2008. John McLinden QC & John Critchley represented Ms Moore throughout.
The criminal offence of assisting or encouraging suicide has recently attracted press coverage and political discussion. That attention focuses on the risks of prosecution and imprisonment, but for many families the financial consequences will be of equal or greater importance.