Shield v Shield [2014] EWCA Civ 1136 (03 July 2014)

Shield v Shield [2014] EWCA Civ 1136 (03 July 2014)

The judge found as a fact that there was no binding agreement or commitment by Richard Shield to bequeath his shares to Christopher Shield, and that the parties had expressly agreed not to enter into such an agreement in accordance with tax advice. Without such a commitment, neither a constructive trust nor proprietary estoppel could arise. The findings of fact were fatal to Christopher's claim and not open to challenge on appeal.

Citation
[2014] EWCA Civ 1136
Parties
Applicant/intervenor: Christopher Shield; First Respondent/applicant: Susan Jennifer Shield; Second Respondent/respondent: Richard Arthur Shield
Jurisdiction
England and Wales
Judgment Date
03 July 2014
Procedural Posture
Appeal (family Division, Financial Order/intervention) / Application for Permission to Appeal (with Appeal to Follow If Granted)
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Constructive Trusts, Proprietary Estoppel, Financial Relief on Divorce, Testamentary Dispositions
Family Law Equity and Trusts Constructive Trusts Proprietary Estoppel Financial Relief on Divorce Testamentary Dispositions

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Parties

Christopher Shield

Applicant/intervenor

Susan Jennifer Shield

First Respondent/applicant

Richard Arthur Shield

Second Respondent/respondent

Procedural Posture

Appeal (family Division, Financial Order/intervention) / Application for Permission to Appeal (with Appeal to Follow If Granted)

Legal Issues

  1. 1 Whether a common intention constructive trust or proprietary estoppel arose in favour of Christopher Shield over Richard Shield's shares in R.A. Shield Holdings Limited
  2. 2 Whether there was a binding agreement or commitment by Richard Shield to bequeath his shares to Christopher Shield

Ratio Decidendi

The judge found as a fact that there was no binding agreement or commitment by Richard Shield to bequeath his shares to Christopher Shield, and that the parties had expressly agreed not to enter into such an agreement in accordance with tax advice. Without such a commitment, neither a constructive trust nor proprietary estoppel could arise. The findings of fact were fatal to Christopher's claim and not open to challenge on appeal.

Court Disposition

Permission to appeal refused; application dismissed.

Orders

  • Permission to amend grounds of appeal refused.
  • Permission to appeal refused.