Smith v Bottomley & Anor [2013] EWCA Civ 953 (29 July 2013)

Smith v Bottomley & Anor [2013] EWCA Civ 953 (29 July 2013)

The claimant's claims failed because the promise found was made before the company existed and was not attributable to the company; there was no sufficient detrimental reliance related to the company or the Barn; and the claim for the Cropredy proceeds was not properly pleaded, causing real prejudice to the defendants.

Citation
[2013] EWCA Civ 953
Parties
Claimant/respondent: Lisa Joanne Smith; Defendant/appellant: Andrew Spencer Bottomley; Defendant/appellant: Coach House Properties Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Civil Appeal / Appeal From First Instance Judgment
Outcome
Appeal allowed; claims dismissed.
Legal Topics
Constructive Trust, Proprietary Estoppel, Beneficial Ownership, Pleading and Procedure, Corporate Veil
Equity and Trusts Property Law Civil Procedure Constructive Trust Proprietary Estoppel Beneficial Ownership Pleading and Procedure Corporate Veil

Case Brief

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Parties

Lisa Joanne Smith

Claimant/respondent

Andrew Spencer Bottomley

Defendant/appellant

Coach House Properties Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From First Instance Judgment

Legal Issues

  1. 1 Whether the claimant was entitled to a half share in the Barn property owned by the company
  2. 2 Whether the claimant was entitled to £21,000 from the proceeds of sale of Cropredy property
  3. 3 Whether the absence of a pleaded claim for the Cropredy proceeds was fatal to the claim

Ratio Decidendi

The claimant's claims failed because the promise found was made before the company existed and was not attributable to the company; there was no sufficient detrimental reliance related to the company or the Barn; and the claim for the Cropredy proceeds was not properly pleaded, causing real prejudice to the defendants.

Court Disposition

Appeal allowed; claims dismissed.

Orders

  • Order against Mr Bottomley for £21,000 set aside.
  • Declaration of 50% beneficial interest in the Barn set aside.