Wilcox v Tait [2006] EWCA Civ 1867 (13 December 2006)

Wilcox v Tait [2006] EWCA Civ 1867 (13 December 2006)

The Court of Appeal held that the judge erred in applying equitable accounting to the period of cohabitation without hearing evidence of the parties' intentions, and that the proper approach is to declare the parties' beneficial interests as per the express declaration of trust, order a sale, and remit the question...

Source-derived case information.

Citation
[2006] EWCA Civ 1867
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 Interests in Property, Equitable Accounting, Trusts of Land and Appointment of Trustees Act 1996, Order for Sale of Jointly Owned Property, Cohabitation and Property Rights
Property Law Trusts Law Beneficial Interests in Property Equitable Accounting Trusts of Land and Appointment of Trustees Act 1996 Order for Sale of Jointly Owned Property Cohabitation and Property Rights

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Summary, issues, holding and outcome

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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 the court has discretion under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 to depart from an express declaration of trust
  2. 2 Whether equitable accounting should apply to periods before and after separation in a cohabitation context
  3. 3 How mortgage payments and proceeds of an endowment policy should be accounted for between co-owners

Ratio Decidendi

The Court of Appeal held that the judge erred in applying equitable accounting to the period of cohabitation without hearing evidence of the parties' intentions, and that the proper approach is to declare the parties' beneficial interests as per the express declaration of trust, order a sale, and remit the question of equitable accounting for determination after sale based on evidence.

Court Disposition

Appeal allowed

Orders

  • Declaration that the parties are beneficially entitled to the property in equal shares
  • Order for sale of the property by public auction, conduct of sale to Miss Wilcox's solicitors, liberty to Mr Tait to bid