Ely v Robson [2016] EWCA Civ 774 (26 July 2016)

Ely v Robson [2016] EWCA Civ 774 (26 July 2016)

The parties reached a sufficiently clear and intended oral agreement in 2007 regarding their beneficial interests in 6 Torbay Road, which Mr Ely relied upon to his detriment. It would be unconscionable for Ms Robson to deny the agreement, and her interest is limited to that defined in the declaration. The judge was entitled to find a constructive trust and estoppel on these facts.

Citation
[2016] EWCA Civ 774
Parties
Respondent (claimant): Graham Timothy Ely; Appellant (defendant): Vanessa Margot Robson
Jurisdiction
England and Wales
Judgment Date
26 July 2016
Procedural Posture
Civil Appeal / Appeal From Swindon County Court, Judgment on Preliminary Issue Regarding Binding Settlement
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Proprietary Estoppel, Beneficial Interests in Land, Settlement Agreements
Property Law Equity Constructive Trust Proprietary Estoppel Beneficial Interests in Land Settlement Agreements

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

Parties

Graham Timothy Ely

Respondent (claimant)

Vanessa Margot Robson

Appellant (defendant)

Procedural Posture

Civil Appeal / Appeal From Swindon County Court, Judgment on Preliminary Issue Regarding Binding Settlement

Legal Issues

  1. 1 Whether the parties reached a binding settlement agreement in 2007 regarding beneficial interests in 6 Torbay Road
  2. 2 Whether the agreement was sufficiently certain and intended to be immediately binding
  3. 3 Whether proprietary estoppel or constructive trust arises from the parties' conduct

Ratio Decidendi

The parties reached a sufficiently clear and intended oral agreement in 2007 regarding their beneficial interests in 6 Torbay Road, which Mr Ely relied upon to his detriment. It would be unconscionable for Ms Robson to deny the agreement, and her interest is limited to that defined in the declaration. The judge was entitled to find a constructive trust and estoppel on these facts.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Mr Ely holds 6 Torbay Road on trust for himself for life with a remainder of 80% to his heirs and assigns and 20% to Ms Robson, as per the 2007 agreement.