Claim against one defendant struck out where no evidence that he was on notice of trust

The Court of Appeal dismissed an appeal from the High Court, and affirmed a decision to strike out all claims against the third defendant in a complex property dispute involving the sale of lands in Northern Ireland. The appellants had argued that a trust existed between themselves and the first defendant, with the third defendant later becoming aware of this trust. They claimed that subsequent actions, particularly the defendants entering into a settlement agreement with each other, were unlawful as they induced a breach of trust. However, the court found no credible basis for the appellants' assertion of constructive notice of the trust from its inception, as their own evidence suggested deliberate concealment of their involvement. The court also noted that one had expressly disavowed any claim to the proceeds from the sale of the lands, which were being held in a joint account. The appellants' case was not deemed complex enough to preclude a strike-out application, and their claims against the third were dismissed.