Michael Parker v Thomas Parker-Bowyer & Ors

Michael Parker v Thomas Parker-Bowyer & Ors

The court found that the transfer of the House to Tom Parker-Bowyer was subject to a common intention constructive trust in favour of Michael Parker, reserving a life interest and control to Michael Parker during his lifetime, based on clear evidence of agreement and conduct. The Statutory Declaration did not preclude the trust, and the evidence was sufficient and not slender. There was no binding agreement regarding the OVO Energy bill, and Michael Parker was entitled to carry out works at the House under the trust arrangement.

Parties
Claimant: Michael Parker; First Defendant: Thomas Parker-Bowyer; Second Defendant: Kimberley Parker-Bowyer; Third Defendant: Brett Wright
Jurisdiction
England and Wales
Judgment Date
09 May 2024
Procedural Posture
Civil Property/trusts / Judgment After Trial
Outcome
Claim for declaration of constructive trust allowed; counterclaims for OVO Energy bill and trespass dismissed; Chattels Claim adjourned for further directions.
Legal Topics
Constructive Trusts, Resulting Trusts, Inheritance Tax Planning, Rectification of Title, Trespass, Contractual Liability
Equity and Trusts Property Law Constructive Trusts Resulting Trusts Inheritance Tax Planning Rectification of Title Trespass Contractual Liability

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Parties

Michael Parker

Claimant

Thomas Parker-Bowyer

First Defendant

Kimberley Parker-Bowyer

Second Defendant

Brett Wright

Third Defendant

Procedural Posture

Civil Property/trusts / Judgment After Trial

Legal Issues

  1. 1 Whether the transfer of the House to Tom Parker-Bowyer was subject to a constructive trust in favour of Michael Parker
  2. 2 Whether there was a binding agreement regarding an outstanding OVO Energy bill
  3. 3 Whether Michael Parker was entitled to carry out works at the House on 7 September 2023

Ratio Decidendi

The court found that the transfer of the House to Tom Parker-Bowyer was subject to a common intention constructive trust in favour of Michael Parker, reserving a life interest and control to Michael Parker during his lifetime, based on clear evidence of agreement and conduct. The Statutory Declaration did not preclude the trust, and the evidence was sufficient and not slender. There was no binding agreement regarding the OVO Energy bill, and Michael Parker was entitled to carry out works at the House under the trust arrangement.

Court Disposition

Claim for declaration of constructive trust allowed; counterclaims for OVO Energy bill and trespass dismissed; Chattels Claim adjourned for further directions.

Orders

  • Declaration that Tom Parker-Bowyer holds the House on constructive trust for Michael Parker on the terms found by the court
  • Counterclaim for OVO Energy bill dismissed