Matchmove Ltd v Dowding & Anor

Matchmove Ltd v Dowding & Anor

The oral agreement for the sale of the Meadow was intended by both parties 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 for the Meadow, as it only applied to Plot 1.

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 / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Proprietary Estoppel, Oral Agreements for Sale of Land, Section 2(5) Law of Property (miscellaneous Provisions) Act 1989
Property Law Equity Constructive Trust Proprietary Estoppel Oral Agreements for Sale of Land Section 2(5) Law of Property (miscellaneous Provisions) Act 1989

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Parties

Matchmove Limited

Appellant (defendant)

Mark Dowding

Respondent (claimant)

Jane Church

Respondent (claimant)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether an oral agreement for the sale of land is enforceable through constructive trust 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 for the Meadow

Ratio Decidendi

The oral agreement for the sale of the Meadow was intended by both parties 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 for the Meadow, as it only applied to Plot 1.

Court Disposition

Appeal dismissed

Orders

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