Clarke & Anor v Corless & Anor [2010] EWCA Civ 338 (31 March 2010)

Clarke & Anor v Corless & Anor [2010] EWCA Civ 338 (31 March 2010)

The Court held that while there was a degree of consensus in January 2003 that Allum should be removed and the land acquired for the benefit of all residents, the claimants failed to establish that they relied on this agreement up to the time of the defendants' acquisition of the land. The absence of reliance and the abandonment of the consensus by September 2004 meant that it was not unconscionable for the defendants to retain the land, and thus no constructive trust arose.

Citation
[2010] EWCA Civ 338
Parties
Claimant/appellant: Simon Baynes Clarke; Claimant/appellant: Sarah Baynes Clarke; Defendant/respondent: Michael Corless; Defendant/respondent: Joanne Corless
Jurisdiction
England and Wales
Judgment Date
31 March 2010
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Pallant V Morgan Equity, Joint Venture Arrangements, Proprietary Estoppel
Equity Property Law Constructive Trusts Pallant V Morgan Equity Joint Venture Arrangements Proprietary Estoppel

Case Brief

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Parties

Simon Baynes Clarke

Claimant/appellant

Sarah Baynes Clarke

Claimant/appellant

Michael Corless

Defendant/respondent

Joanne Corless

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether an agreement in January 2003 was sufficient to support the imposition of a constructive trust over land acquired by the defendants
  2. 2 Whether the claimants relied on the January 2003 agreement up to the time of the defendants' acquisition of the land

Ratio Decidendi

The Court held that while there was a degree of consensus in January 2003 that Allum should be removed and the land acquired for the benefit of all residents, the claimants failed to establish that they relied on this agreement up to the time of the defendants' acquisition of the land. The absence of reliance and the abandonment of the consensus by September 2004 meant that it was not unconscionable for the defendants to retain the land, and thus no constructive trust arose.

Court Disposition

Appeal dismissed

Orders

  • No constructive trust imposed on the land acquired by the defendants
  • Claim for declaratory relief in respect of constructive trust dismissed