Kean v McDonald & Ors

Kean v McDonald & Ors

The court found that Mr. Kean and Mr. McDonald reached an arrangement in 1997 for Mr. Kean to acquire the property for £10,000, that the payment was made, and that Mr. Kean acted in detrimental reliance. The purported transfer to Stableclock Ltd was not genuine, and neither Stableclock nor Mr. Gerrard acquired any interest in the property. Mr. Kean is the sole beneficial owner.

Parties
Claimant: Robert Alan Kean; First Defendant: William McDonald; Second Defendant: Ashley Sansom; Third Defendant: Robert Wilson; Fourth Defendant: Robert Stephen Gerrard; Fifth Defendant: Crown Prosecution Service; Sixth Defendant: H. M. Attorney General to the Duchy of Lancaster
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Constructive Trust, Beneficial Ownership, Detrimental Reliance, Fraudulent Transfer
Property Law Equity Constructive Trust Beneficial Ownership Detrimental Reliance Fraudulent Transfer

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

Parties

Robert Alan Kean

Claimant

William McDonald

First Defendant

Ashley Sansom

Second Defendant

Robert Wilson

Third Defendant

Robert Stephen Gerrard

Fourth Defendant

Crown Prosecution Service

Fifth Defendant

H. M. Attorney General to the Duchy of Lancaster

Sixth Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is the beneficial owner of the property at 1B Charnley's Lane
  2. 2 Whether a constructive trust based on common intention exists
  3. 3 Whether the transfer to Stableclock Ltd was genuine

Ratio Decidendi

The court found that Mr. Kean and Mr. McDonald reached an arrangement in 1997 for Mr. Kean to acquire the property for £10,000, that the payment was made, and that Mr. Kean acted in detrimental reliance. The purported transfer to Stableclock Ltd was not genuine, and neither Stableclock nor Mr. Gerrard acquired any interest in the property. Mr. Kean is the sole beneficial owner.

Court Disposition

Claim allowed

Orders

  • Declaration that Mr. Kean is the sole beneficial owner of the property at 1B Charnley's Lane, Banks, Nr. Southport, Merseyside
  • Parties to agree the appropriate form of order; costs to be addressed separately