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Evidence, Practice and Procedure: Full pleading of a claimant’s case; and detrimental reliance

Date:9 AUG 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsSmith v Bottomley and Coach House Properties Ltd [2013] EWCA Civ 953 is an object lesson in penalties for parties for inadequate pleading; and (perhaps) reminds family lawyers of the strict application of rules as to implied trusts - especially in relation to detrimental reliance to establish a constructive trust.

Ms Smith (‘S') had had a lengthy but uncertain personal relationship with Mr Bottomley (‘B'): promises of marriage had failed to produce a ceremony; they had a child (now aged 18); and she worked for him in his militaria business. He also had a small property development company ((the second appellant) incorporated during the course of their relationship) which owned two properties and had conveyed to it a barn. S claimed a constructive half share in the barn (and to two other company properties) and that she was entitled to an additional £21 000 from another property...

Read the full article here.