Vinaver v Milton Ashbury Ltd [2006] EWCA Civ 363 (28 February 2006)

Vinaver v Milton Ashbury Ltd [2006] EWCA Civ 363 (28 February 2006)

The Court held that there was an express common intention, evidenced by the conduct and communications between the parties, that Mrs Vinaver should have a beneficial interest in the properties. Her financial contributions and the arrangements for rental income and mortgage payments supported this. The fact that MAL intended to grant only an option did not negate the objectively manifested common intention. Mrs Vinaver acted to her detriment in reliance on this intention. The recorder was entitled to find a constructive trust in her favour.

Citation
[2006] EWCA Civ 363
Parties
Claimant/respondent: Alice Vinaver; Defendant/appellant: Milton Ashbury Limited
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Beneficial Interest in Property, Common Intention, Detrimental Reliance
Equity and Trusts Property Law Constructive Trusts Resulting Trusts Beneficial Interest in Property Common Intention Detrimental Reliance

Case Brief

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Parties

Alice Vinaver

Claimant/respondent

Milton Ashbury Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mrs Vinaver had a beneficial interest in the Margate and Herne Bay properties held in the name of Milton Ashbury Limited under a constructive trust.
  2. 2 Whether there was an express or inferred common intention between the parties to share the beneficial interest in the properties.
  3. 3 Whether Mrs Vinaver acted to her detriment in reliance on such intention.

Ratio Decidendi

The Court held that there was an express common intention, evidenced by the conduct and communications between the parties, that Mrs Vinaver should have a beneficial interest in the properties. Her financial contributions and the arrangements for rental income and mortgage payments supported this. The fact that MAL intended to grant only an option did not negate the objectively manifested common intention. Mrs Vinaver acted to her detriment in reliance on this intention. The recorder was entitled to find a constructive trust in her favour.

Court Disposition

Appeal dismissed

Orders

  • Mrs Vinaver entitled to entire beneficial interest in Margate property, subject to accounting to MAL for £11,000 refurbishment expenses and MAL's 17-year lease of ground floor flat at peppercorn rent.
  • Mrs Vinaver entitled to 95% beneficial interest in Herne Bay property, MAL entitled to 5%.