What is the function of a Judge? Court of Appeal hands down judgment in Ali v Dinc [2022] EWCA Civ 34

21.01.2022

The Court of Appeal (Green, Birss and Whipple LJJ) has handed down a judgment in Ali v Dinc [2022] EWCA Civ 34. The case considers what is the function of a judge; and when proceedings cease to be adversarial and become inquisitorial. The judgment contains a valuable analysis of the ‘Al-Medenni’ line of authority, where a judge fails to adjudicate only on the issues which arise in the litigation before him or her.

The first-instance decision at [2020] EWHC 3055 (Ch), given by Ms Sarah Worthington QC (Hon) also contains an invaluable exposition of the law relating to constructive trusts, Quistclose trusts and the priority of property interests.

Nicholas Trompeter QC represented the Respondent instructed by Philip Cohen and Vikash Savani at Ince Gordon Dadds LLP.

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