Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles

PROPERTY: Smith v Bottomley [2013] EWCA Civ 953

Sep 29, 2018, 21:12 PM
Slug : property-smith-v-bottomley-2013-ewca-civ-953
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Aug 27, 2013, 09:40 AM
Article ID : 103401

(Court of Appeal, Lloyd, Jackson LJJ, Sales J, 29 July 2013)

The unmarried couple were in a relationship since 1990. The woman worked for the man's company and they cohabited for a period. They had one child together and were engaged.

In 2002, the man promised to marry the wife and they purchased a property in joint names, conveyed as tenants in common and accompanied by a formal declaration of trust. The man provided £15,000 towards the purchase price and the balance was met by way of a mortgage in respect of which he agreed to bear sole responsibility. The woman gave up her rented accommodation with the intention that they would live together as a family in the new property. Other properties were owned by the man and his company but at this stage of the relationship he assured the woman that although the properties were not held jointly in their names, all of their assets were equally owned by them.

When the couple separated the woman sought a declaration and quantification of her beneficial interest in the other properties owned by the man and/or the company on the basis of a constructive trust or proprietary estoppel. At first instance the judge found the woman was entitled to a half share of one of the properties and that she had been underpaid by £21,000 in relation to her share in a second property. The man appealed.

In respect of the underpayment ordered to be made good by the husband no pleaded case in relation to that issue had ever been made and no reasoned case management decision was taken to allow it to proceed. The man had been prejudiced in being deprived of the opportunity to adduce evidence against the claim and, therefore, fairness required the appeal to be allowed.

It was not possible for the woman to prove detrimental reliance necessary for a constructive trust on the man's promise of equal ownership based on his asserted intention to marry her or in her giving up rented accommodation to live with the man at no expense.

Appeal allowed.



Categories :
  • Archive
  • Judgments
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from