Archibald & Anor v Alexander [2020] EWHC 1621 (Ch) (26 June 2020)

Archibald & Anor v Alexander [2020] EWHC 1621 (Ch) (26 June 2020)

The constructive trust arose because the property was transferred to Patsy on the express agreement that she would hold it for herself and her siblings equally after their mother's death. Equity does not require detrimental reliance in such circumstances; unconscionability suffices. The judge's factual findings and application of equitable principles were correct.

Citation
[2020] EWHC 1621 (Ch)
Parties
Claimant/respondent: John Archibald; Claimant/respondent: Brenda Archibald; Defendant/appellant: Patsy Alexander
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Chancery Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Beneficial Ownership, Unconscionability, Detrimental Reliance
Equity Trusts Property Law Constructive Trust Beneficial Ownership Unconscionability Detrimental Reliance

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Parties

John Archibald

Claimant/respondent

Brenda Archibald

Claimant/respondent

Patsy Alexander

Defendant/appellant

Procedural Posture

Chancery Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge was wrong to find a causative connection between the oral agreement and the failure of the respondents to become transferees
  2. 2 Whether there was sufficient detrimental reliance by the respondents to create an equity under a constructive trust

Ratio Decidendi

The constructive trust arose because the property was transferred to Patsy on the express agreement that she would hold it for herself and her siblings equally after their mother's death. Equity does not require detrimental reliance in such circumstances; unconscionability suffices. The judge's factual findings and application of equitable principles were correct.

Court Disposition

Appeal dismissed

Orders

  • Patsy Alexander holds the property on trust for herself, John Archibald, and Brenda Archibald as beneficial tenants in common in equal shares