Fairclough v Salmon

Fairclough v Salmon

The beneficial ownership of the flat was held in equal shares under a constructive trust arising from an oral agreement at acquisition, and nothing in subsequent events, agreements, or expenditure altered those shares. The appeal had no real prospect of success and was dismissed.

Parties
Claimant/respondent: Lynne Margaret Fairclough; First Defendant/appellant: John Stuart Salmon; Second Defendant/appellant: Richard Paul Salmon
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal
Outcome
Appeal dismissed; permission to appeal refused
Legal Topics
Constructive Trusts, Beneficial Ownership, Co Ownership of Land, Severance of Joint Tenancy, Resulting Trusts, Overriding Interests
Property Law Equity and Trusts Constructive Trusts Beneficial Ownership Co Ownership of Land Severance of Joint Tenancy Resulting Trusts Overriding Interests

Case Brief

Summary, issues, holding and outcome

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Parties

Lynne Margaret Fairclough

Claimant/respondent

John Stuart Salmon

First Defendant/appellant

Richard Paul Salmon

Second Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal And, If Granted, Substantive Appeal

Legal Issues

  1. 1 Whether the beneficial ownership of the flat was held in equal shares under a constructive trust
  2. 2 Whether subsequent events or agreements altered the beneficial interests
  3. 3 Whether the acquisition of the freehold reversion affected the trust

Ratio Decidendi

The beneficial ownership of the flat was held in equal shares under a constructive trust arising from an oral agreement at acquisition, and nothing in subsequent events, agreements, or expenditure altered those shares. The appeal had no real prospect of success and was dismissed.

Court Disposition

Appeal dismissed; permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Appeal dismissed