Ahmad & Anor v Gould [2005] EWCA Civ 1829 (06 December 2005)

Ahmad & Anor v Gould [2005] EWCA Civ 1829 (06 December 2005)

The express agreement found by the trial judge provided only that the appellant could purchase the property at market price in the future and did not confer any present beneficial interest; the appellant's payments and negotiation of a price reduction were not made pursuant to any agreement to create such an interest, and thus no constructive or resulting trust arose.

Citation
[2005] EWCA Civ 1829
Parties
Claimant/respondent: Ijaz Ahmad; Claimant/respondent: Josephine Ahmad; Defendant/appellant: John Michael Gould
Jurisdiction
England and Wales
Judgment Date
06 December 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Interest, Express Agreement, Purchase of Property
Property Law Equity Constructive Trust Resulting Trust Beneficial Interest Express Agreement Purchase of Property

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Parties

Ijaz Ahmad

Claimant/respondent

Josephine Ahmad

Claimant/respondent

John Michael Gould

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the appellant acquired a beneficial interest in the property by way of constructive or resulting trust
  2. 2 Whether payments made and price reduction negotiated by the appellant created an equitable interest in the property

Ratio Decidendi

The express agreement found by the trial judge provided only that the appellant could purchase the property at market price in the future and did not confer any present beneficial interest; the appellant's payments and negotiation of a price reduction were not made pursuant to any agreement to create such an interest, and thus no constructive or resulting trust arose.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed