Insol Funding Company Ltd v Cowlam & Ors [2017] EWHC 1822 (Ch) (29 August 2017)

Insol Funding Company Ltd v Cowlam & Ors [2017] EWHC 1822 (Ch) (29 August 2017)

Ms Cowlam is entitled to an 80% beneficial interest in the property under constructive trust principles, based on a change in common intention and her reliance through substantial contributions and sole responsibility for the property. She is also entitled, upon payment of the settlement sum, to proprietary rights over Mr Cowey's share via equity of exoneration or equitable subrogation, with priority over Insol's equitable charge, as acknowledged in the settlement agreement.

Citation
[2017] EWHC 1822 (Ch)
Parties
Claimant and Second Part 20 Defendant: Insol Funding Company Limited; First Defendant and Part 20 Claimant: Ms Sacha Fairfax Cowlam; Second Defendant and First Part 20 Defendant: Mr Christopher William Cowey
Jurisdiction
England and Wales
Judgment Date
29 August 2017
Procedural Posture
Chancery Division Civil Claim With Part 20 Proceedings / Judgment Following Hearing on Part 20 Claim
Outcome
Determination in favour of Ms Cowlam as to 80% beneficial interest and entitlement to proprietary rights over Mr Cowey's share upon payment of settlement sum.
Legal Topics
Constructive Trust, Beneficial Ownership, Equity of Exoneration, Equitable Subrogation, Proprietary Estoppel, Equitable Accounting
Property Law Equity Trusts Constructive Trust Beneficial Ownership Equity of Exoneration Equitable Subrogation Proprietary Estoppel +1 more

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Insol Funding Company Limited

Claimant and Second Part 20 Defendant

Ms Sacha Fairfax Cowlam

First Defendant and Part 20 Claimant

Mr Christopher William Cowey

Second Defendant and First Part 20 Defendant

Procedural Posture

Chancery Division Civil Claim With Part 20 Proceedings / Judgment Following Hearing on Part 20 Claim

Legal Issues

  1. 1 Extent of Ms Cowlam's beneficial interest in 11 South Croxted Road
  2. 2 Whether Ms Cowlam has proprietary rights over Mr Cowey's share via equity of exoneration or subrogation
  3. 3 Effect of settlement agreement between Ms Cowlam and Insol

Ratio Decidendi

Ms Cowlam is entitled to an 80% beneficial interest in the property under constructive trust principles, based on a change in common intention and her reliance through substantial contributions and sole responsibility for the property. She is also entitled, upon payment of the settlement sum, to proprietary rights over Mr Cowey's share via equity of exoneration or equitable subrogation, with priority over Insol's equitable charge, as acknowledged in the settlement agreement.

Court Disposition

Determination in favour of Ms Cowlam as to 80% beneficial interest and entitlement to proprietary rights over Mr Cowey's share upon payment of settlement sum.

Orders

  • Property to be sold with Ms Cowlam having conduct of sale.
  • Settlement sum of £330,000 to be paid to Insol Funding Company Limited, secured by equitable charge.