Finding of resulting trust unsustainable where loan to fund property purchase is not a sham (Court of Appeal)

In Ravendark Holdings Ltd v Rotenberg [2021] EWCA Civ 1661, the Court of Appeal allowed the appellant’s appeal against an order that it held property on resulting trust for the husband where the property was purchased using funds loaned to it by another company (owned beneficially by the husband) and the loan was found not to be a sham. In such circumstances, the property could not be held on resulting trust.

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