Barracks v Barracks & Anor

Barracks v Barracks & Anor

The beneficial interest in the property was held as tenants in common from the outset, or, if not, any joint tenancy was severed by the 1993 mortgage, by Mrs Cummings’ pleadings in the 1995 proceedings, or by mutual agreement after the 2000 judgment. The claimant is entitled to his grandmother’s 50% share.

Parties
Claimant: Paul Hugh Barracks; First Defendant: Ralph Barracks; Second Defendant: Alma Simmonds
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Beneficial Ownership, Tenancy in Common, Joint Tenancy, Severance of Joint Tenancy, Trusts
Property Law Beneficial Ownership Tenancy in Common Joint Tenancy Severance of Joint Tenancy Trusts

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Paul Hugh Barracks

Claimant

Ralph Barracks

First Defendant

Alma Simmonds

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the beneficial interest in 45 Tentelow Lane was held as tenants in common or joint tenants
  2. 2 Whether any joint tenancy was severed and if so, when
  3. 3 Entitlement to the beneficial share of the property

Ratio Decidendi

The beneficial interest in the property was held as tenants in common from the outset, or, if not, any joint tenancy was severed by the 1993 mortgage, by Mrs Cummings’ pleadings in the 1995 proceedings, or by mutual agreement after the 2000 judgment. The claimant is entitled to his grandmother’s 50% share.

Court Disposition

Judgment for the claimant

Orders

  • Declaration that the beneficial interest in 45 Tentelow Lane was held as tenants in common, 50% each for Mrs Cummings and Mr Barracks Senior
  • First defendant to pay the claimant’s costs, subject to detailed assessment if not agreed