Daniel Family Homes Ltd & Anor v Gold & Anor [2025] EWHC 2697 (Ch) (20 October 2025)

Daniel Family Homes Ltd & Anor v Gold & Anor [2025] EWHC 2697 (Ch) (20 October 2025)

The trial judge was entitled to find that Mr and Mrs Gold had no beneficial interest in the property and that no declaration of trust was executed. The judge was also entitled to find that no agreement for rent or set-off existed, and that the £121,000 was a loan. The judge erred in not awarding damages for trespass...

Source-derived case information.

Citation
[2025] EWHC 2697 (Ch)
Parties
Appellant and Respondent to Cross Appeal: Daniel Family Homes Limited; Appellant and Respondent to Cross Appeal: Terry Daniel; Respondent and Appellant in Cross Appeal: Jeffrey Gold; Respondent and Appellant in Cross Appeal: Patricia Gold
Jurisdiction
England and Wales
Judgment Date
20 October 2025
Procedural Posture
Chancery Appeal / Appeal and Cross Appeal From County Court Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed.
Legal Topics
Beneficial Ownership, Proprietary Estoppel, Constructive Trust, Resulting Trust, Declaration of Trust, Damages for Trespass, Possession Proceedings, Loan Repayment, Set Off, Interest on Loans, Costs Orders
Property Law Trusts and Equity Civil Procedure Beneficial Ownership Proprietary Estoppel Constructive Trust Resulting Trust Declaration of Trust +6 more

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Parties

Daniel Family Homes Limited

Appellant and Respondent to Cross Appeal

Terry Daniel

Appellant and Respondent to Cross Appeal

Jeffrey Gold

Respondent and Appellant in Cross Appeal

Patricia Gold

Respondent and Appellant in Cross Appeal

Procedural Posture

Chancery Appeal / Appeal and Cross Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mr and Mrs Gold had a beneficial interest in the property
  2. 2 Whether a declaration of trust was executed
  3. 3 Whether loans made by Mr and Mrs Gold were repayable and on what terms

Ratio Decidendi

The trial judge was entitled to find that Mr and Mrs Gold had no beneficial interest in the property and that no declaration of trust was executed. The judge was also entitled to find that no agreement for rent or set-off existed, and that the £121,000 was a loan. The judge erred in not awarding damages for trespass after the expiry of the licence, and the appeal was allowed on this point. The costs order was within the judge's discretion and not disturbed.

Court Disposition

Appeal allowed in part; cross-appeal dismissed.

Orders

  • Damages for trespass/use and occupation awarded to DFH from June 2021 at £2,000 per month until judgment, then £100 per day as agreed.
  • Possession order in favour of DFH confirmed.