Hudson v Hathway [2022] EWHC 631 (QB) (21 March 2022)

Hudson v Hathway [2022] EWHC 631 (QB) (21 March 2022)

In a domestic joint names case with no express declaration of trusts, a clear express agreement as to beneficial shares is sufficient to alter the equitable ownership without the need for separate proof of detrimental reliance; the judge was wrong to require detriment, but the agreement itself provided all necessary requirements for a constructive trust.

Citation
[2022] EWHC 631 (QB)
Parties
Appellant (claimant): Lee Hudson; Respondent (defendant): Jayne Hathway
Jurisdiction
England and Wales
Judgment Date
21 March 2022
Procedural Posture
Appeal From County Court (queen's Bench Division) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Beneficial Ownership, Joint Names Property, Common Intention, Detrimental Reliance
Property Law Equity Trusts Constructive Trusts Beneficial Ownership Joint Names Property Common Intention Detrimental Reliance

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Parties

Lee Hudson

Appellant (claimant)

Jayne Hathway

Respondent (defendant)

Procedural Posture

Appeal From County Court (queen's Bench Division) / Judgment on Appeal

Legal Issues

  1. 1 Is detrimental reliance required to alter beneficial shares in a jointly owned family home absent an express declaration of trusts?
  2. 2 Did the respondent act to her detriment or change her position in reliance on the agreement?

Ratio Decidendi

In a domestic joint names case with no express declaration of trusts, a clear express agreement as to beneficial shares is sufficient to alter the equitable ownership without the need for separate proof of detrimental reliance; the judge was wrong to require detriment, but the agreement itself provided all necessary requirements for a constructive trust.

Court Disposition

Appeal dismissed

Orders

  • Ms Hathway declared sole equitable owner of Picnic House
  • No requirement for detriment to alter beneficial shares in this context