Heer v Singha [2016] EWCA Civ 424
September 2016 #162This was an appeal against a declaration that H held only 50 per cent of the beneficial interest in the property. The property was registered in the name of S, the former husband of the respondent.
H and S were childhood friends who had formed a partnership for acquiring properties together in around 1998. H claimed that in 2001 he and S had agreed that H would provide funds to S to aid S to purchase the property, to be repaid within five years. The legal ownership was to be in S’s name only but H was to be the sole beneficial owner until he was repaid in full. Two documents...
Southwell v Blackburn [2014] EWCA Civ 1347
January/February 2015 #146In 2002, the appellant and the respondent set up home together in a house in Droitwich. They remained unmarried. The property was purchased in the appellant’s sole name with his money alone, and he took on sole responsibility for the mortgage. On the breakdown of their relationship, the respondent claimed that the appellant held the property was held by him on constructive trust for both parties in equal shares. That claim failed before His Honour Judge Pearce-Higgins QC, but her alternative proprietary estoppel claim succeeded. The respondent was awarded £28,500 in satisfaction of the e...