Charles Irvine and Rachel Bale explore the impact of Hudson v Hathway on constructive trusts

14th July 2026

3PB’s property barristers, Charles IrvineCharles IrvineCall: 2010 and Rachel BaleRachel BaleCall: 2019, have written an article titled ‘Sign Here (Sort Of): What Hudson v Hathway Really Settled for Constructive Trusts — and What It Didn't'.

They discuss the recent decision of Reid-Roberts v Mei-Lin [2026] EWHC 49 (Ch) which provides a helpful gloss on the Court of Appeal case of Hudson v Hathway [2022] EWCA Civ 1648.

Hathway clarified the requirements for creating a constructive trust through a post-acquisition agreement about beneficial ownership. This article examines how later cases have applied these rules, particularly regarding electronic messages and what counts as detrimental reliance. There are also helpful tips for practitioners dealing with trusts.

To read Charles and Rachel's full article please click here.

To contact or instruct Charles or Rachel, please email Senior Practice Manager, Matthew Scanlan on [email protected] or call 020 7583 8055.