Parris v Williams

Parris v Williams

Where there is an express agreement or common intention that a party is to have a beneficial interest in property, and that party acts to their detriment in reliance on that agreement, a constructive trust arises even if the agreement does not specify the acts to be performed. The Recorder was entitled to find that Mr Williams had acted to his detriment and was entitled to the beneficial ownership of Flat 6.

Parties
Appellant/defendant: Julian Anthony Parris; Respondent/claimant: Albert Williams
Jurisdiction
England and Wales
Judgment Date
23 October 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Beneficial Ownership of Property, Common Intention, Detrimental Reliance
Equity and Trusts Property Law Constructive Trusts Beneficial Ownership of Property Common Intention Detrimental Reliance

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Parties

Julian Anthony Parris

Appellant/defendant

Albert Williams

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a common intention constructive trust arose entitling Mr Williams to the beneficial ownership of Flat 6
  2. 2 Whether Mr Williams acted to his detriment in reliance on an agreement with Mr Parris regarding Flat 6
  3. 3 Whether the Recorder applied the correct legal principles in finding for Mr Williams

Ratio Decidendi

Where there is an express agreement or common intention that a party is to have a beneficial interest in property, and that party acts to their detriment in reliance on that agreement, a constructive trust arises even if the agreement does not specify the acts to be performed. The Recorder was entitled to find that Mr Williams had acted to his detriment and was entitled to the beneficial ownership of Flat 6.

Court Disposition

Appeal dismissed

Orders

  • Declaration that Mr Parris holds Flat 6 on trust for Mr Williams absolutely
  • Order for sale of Flat 6 with directions for sale