Wilcox v Tait

Wilcox v Tait

The appeal was allowed because the trial judge erred in applying equitable accounting to the entire period of cohabitation without hearing evidence of the parties' intentions and in making a final order before the property was sold. The correct approach is to declare equal beneficial interests per the express trust, order sale, and remit equitable accounting for determination after sale based on evidence.

Parties
Claimant/appellant: Fleur Wilcox; Defendant/respondent: Michael Tait
Jurisdiction
England and Wales
Judgment Date
13 December 2006
Procedural Posture
Civil Appeal / Appeal From Kidderminster County Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Beneficial Interest in Property, Equitable Accounting, Order for Sale, Cohabitation, Trusts of Land and Appointment of Trustees Act 1996
Trusts Property Law Equity Beneficial Interest in Property Equitable Accounting Order for Sale Cohabitation Trusts of Land and Appointment of Trustees Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Fleur Wilcox

Claimant/appellant

Michael Tait

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Kidderminster County Court to Court of Appeal

Legal Issues

  1. 1 Whether equitable accounting should apply to periods before and after separation in a cohabitation case with an express declaration of trust
  2. 2 How mortgage interest payments and endowment policy proceeds should be accounted for in the division of property

Ratio Decidendi

The appeal was allowed because the trial judge erred in applying equitable accounting to the entire period of cohabitation without hearing evidence of the parties' intentions and in making a final order before the property was sold. The correct approach is to declare equal beneficial interests per the express trust, order sale, and remit equitable accounting for determination after sale based on evidence.

Court Disposition

Appeal allowed

Orders

  • Judge's order set aside
  • Declaration that parties are beneficially entitled to the property in equal shares