Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch) (30 July 2018)

Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch) (30 July 2018)

Mrs Cutts failed to prove the existence of a valid declaration of trust, common intention constructive trust, resulting trust, or proprietary estoppel. The declaration of trust was found to be created recently and not in 2003, and does not evidence a trust relating to the entire property. The evidence provided was insufficient and unreliable. The presumption of sole beneficial ownership by Mr Cutts stands.

Citation
[2018] EWHC 1879 (Ch)
Parties
Claimant: Sparkasse Koln Bonn; First Defendant: John William Cutts; Second Defendant: Monica Christine Cutts-Lipkin
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Part 8 Claim for Order for Sale After Final Charging Order / Trial of Issue Regarding Beneficial Interest in Property
Outcome
Mrs Cutts' claim dismissed; order for sale to be implemented.
Legal Topics
Beneficial Ownership, Declaration of Trust, Constructive Trust, Resulting Trust, Proprietary Estoppel, Order for Sale, Charging Order, TOLATA
Property Law Trusts Law Civil Procedure Beneficial Ownership Declaration of Trust Constructive Trust Resulting Trust Proprietary Estoppel +3 more

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Parties

Sparkasse Koln Bonn

Claimant

John William Cutts

First Defendant

Monica Christine Cutts-Lipkin

Second Defendant

Procedural Posture

Part 8 Claim for Order for Sale After Final Charging Order / Trial of Issue Regarding Beneficial Interest in Property

Legal Issues

  1. 1 Whether Mrs Cutts has a beneficial interest in the property held in Mr Cutts' sole name
  2. 2 Validity and effect of the declaration of trust dated 26 March 2003
  3. 3 Existence of a common intention constructive trust

Ratio Decidendi

Mrs Cutts failed to prove the existence of a valid declaration of trust, common intention constructive trust, resulting trust, or proprietary estoppel. The declaration of trust was found to be created recently and not in 2003, and does not evidence a trust relating to the entire property. The evidence provided was insufficient and unreliable. The presumption of sole beneficial ownership by Mr Cutts stands.

Court Disposition

Mrs Cutts' claim dismissed; order for sale to be implemented.

Orders

  • Directions for implementation of order for sale of the property