Matchmove Ltd v Dowding & Anor [2016] EWCA Civ 1233 (07 December 2016)

Matchmove Ltd v Dowding & Anor [2016] EWCA Civ 1233 (07 December 2016)

The oral agreement between the parties was intended to be immediately binding, was complete as to all essential terms, and was relied upon to the respondents' detriment. Therefore, a constructive trust arose, bringing the case within section 2(5) of the 1989 Act. Special Condition 6 of the Plot 1 contract did not preclude reliance on the oral agreement regarding the Meadow, as it only applied to Plot 1.

Citation
[2016] EWCA Civ 1233
Parties
Appellant (defendant): Matchmove Limited; Respondent (claimant): Mark Dowding; Respondent (claimant): Jane Church
Jurisdiction
England and Wales
Judgment Date
07 December 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Proprietary Estoppel, Section 2(5) Law of Property (miscellaneous Provisions) Act 1989, Oral Agreements for Sale of Land
Property Law Equity Constructive Trust Proprietary Estoppel Section 2(5) Law of Property (miscellaneous Provisions) Act 1989 Oral Agreements for Sale of Land

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Parties

Matchmove Limited

Appellant (defendant)

Mark Dowding

Respondent (claimant)

Jane Church

Respondent (claimant)

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether an oral agreement for the sale of land is enforceable through constructive trust or proprietary estoppel despite lack of written contract under section 2(5) of the Law of Property (Miscellaneous Provisions) Act 1989
  2. 2 Whether Special Condition 6 of the written contract for Plot 1 precluded reliance on the oral agreement regarding the Meadow

Ratio Decidendi

The oral agreement between the parties was intended to be immediately binding, was complete as to all essential terms, and was relied upon to the respondents' detriment. Therefore, a constructive trust arose, bringing the case within section 2(5) of the 1989 Act. Special Condition 6 of the Plot 1 contract did not preclude reliance on the oral agreement regarding the Meadow, as it only applied to Plot 1.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Matchmove holds the Meadow on trust for Mr Dowding and Ms Church
  • Order for Matchmove to transfer the Meadow to Mr Dowding and Ms Church