Woodman v Tracey [2002] EWCA Civ 880 (13 June 2002)

Woodman v Tracey [2002] EWCA Civ 880 (13 June 2002)

The judge was correct to find that the property was held on trust for both parties in equal shares and that Mr Tracey was not entitled to further deduction for the value of his work, as the surplus from the mortgage was already accounted for and equitable accounting was properly applied.

Citation
[2002] EWCA Civ 880
Parties
Claimant/respondent: Anne Woodman; Defendant/applicant: David Tracey
Jurisdiction
England and Wales
Judgment Date
13 June 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Order for Sale, Equitable Accounting, Beneficial Interests
Property Law Trusts Constructive Trust Order for Sale Equitable Accounting Beneficial Interests

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 1 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Anne Woodman

Claimant/respondent

David Tracey

Defendant/applicant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether Mr Tracey held the property on trust for himself and Mrs Woodman in equal shares
  2. 2 Whether Mr Tracey was entitled to further deduction for work done on the property
  3. 3 Whether the welfare of the minor child should affect the order for sale

Ratio Decidendi

The judge was correct to find that the property was held on trust for both parties in equal shares and that Mr Tracey was not entitled to further deduction for the value of his work, as the surplus from the mortgage was already accounted for and equitable accounting was properly applied.

Court Disposition

Appeal dismissed

Orders

  • Defendant to have until 13th September to pay claimant £8,770
  • Stay of sale directions until payment deadline