Whether French law should be treated as the applicable law for a putative trust arising between parties domiciled in England, but relating to immovable property in France, because, in making the arrangements which give rise to the putative trust, the parties gave consideration to the effect of French succession law where the answer to this question is likely to affect a significant number of people because it arises in the context of (1) increased property ownership abroad by United Kingdom nationals and (2) social security legislation regulating entitlement to means tested benefits, and that is also likely to affect a significant number of people.
Held: Permission to appeal to Supreme Court Refused.
Lord Justice Mummery
[2009] EWCA Civ 1487
Bailii
England and Wales
Citing:
Judgment – Martin v Secretary of State for Work and Pensions CA 27-Nov-2009
The claimant appealed against refusal of his claim for income support. He owned property in France which had been counted to disallow his entitlement for the capital resources. Under French law the property would have been counted as subject to a . .
These lists may be incomplete.
Updated: 09 June 2021; Ref: scu.396413
