Smith v McCarthy [2024] EWCC 31 (01 November 2024)

Smith v McCarthy [2024] EWCC 31 (01 November 2024)

Conceptual identification of property to be acquired in the future is sufficient to give rise to a constructive trust or proprietary estoppel, provided the property is ultimately identifiable in accordance with the parties' agreement at the time the trust or estoppel is to be enforced. The District Judge did not err in law in finding that the eight residential properties in the Anfield area of Liverpool, to be selected by the defendant, were sufficiently identified for the purposes of both constructive trust and proprietary estoppel.

Citation
[2024] EWCC 31
Parties
Appellant and Defendant: David Smith; Litigation Friend for Appellant: Mrs Jane Staunton; Respondent and Claimant: Stephen McCarthy
Jurisdiction
England and Wales
Judgment Date
01 November 2024
Procedural Posture
Appeal From County Court (business & Property Work) / Substantive Appeal From Reserved Judgment of District Judge Deane
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Proprietary Estoppel, Certainty of Subject Matter, Beneficial Entitlement, Identification of Trust Property
Trusts Property Law Equity Constructive Trusts Proprietary Estoppel Certainty of Subject Matter Beneficial Entitlement Identification of Trust Property

Case Brief

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Parties

David Smith

Appellant and Defendant

Mrs Jane Staunton

Litigation Friend for Appellant

Stephen McCarthy

Respondent and Claimant

Procedural Posture

Appeal From County Court (business & Property Work) / Substantive Appeal From Reserved Judgment of District Judge Deane

Legal Issues

  1. 1 Whether conceptual identification of property to be acquired in the future is sufficient to give rise to a constructive trust or proprietary estoppel
  2. 2 Whether a valid trust of residential properties within the Anfield area of Liverpool to be selected by the defendant can arise absent specific identification by address

Ratio Decidendi

Conceptual identification of property to be acquired in the future is sufficient to give rise to a constructive trust or proprietary estoppel, provided the property is ultimately identifiable in accordance with the parties' agreement at the time the trust or estoppel is to be enforced. The District Judge did not err in law in finding that the eight residential properties in the Anfield area of Liverpool, to be selected by the defendant, were sufficiently identified for the purposes of both constructive trust and proprietary estoppel.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the District Judge's order stands.