De Crittenden v Bayliss [2005] EWCA Civ 1425 (13 October 2005)

De Crittenden v Bayliss [2005] EWCA Civ 1425 (13 October 2005)

Appellant was barred from pursuing proprietary claims due to election and abuse of process; he had sufficient knowledge and opportunity to amend his claim in the first action; the judge's evaluative judgment was legitimate and should not be disturbed.

Citation
[2005] EWCA Civ 1425
Parties
Appellant/claimant: Raymond De Crittenden; Defendant/respondent: The Estate of Charles Albert Bayliss (Deceased); Defendant/respondent: Lesley Anne Bayliss
Jurisdiction
England and Wales
Judgment Date
13 October 2005
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Election Between Remedies, Abuse of Process, Constructive Trust, Tracing Claims, Fiduciary Duties
Civil Procedure Trusts and Equity Election Between Remedies Abuse of Process Constructive Trust Tracing Claims Fiduciary Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Raymond De Crittenden

Appellant/claimant

The Estate of Charles Albert Bayliss (Deceased)

Defendant/respondent

Lesley Anne Bayliss

Defendant/respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant is barred by election from pursuing the proceedings
  2. 2 Whether the proceedings amount to an abuse of process
  3. 3 Whether a fiduciary duty was owed and a constructive trust existed

Ratio Decidendi

Appellant was barred from pursuing proprietary claims due to election and abuse of process; he had sufficient knowledge and opportunity to amend his claim in the first action; the judge's evaluative judgment was legitimate and should not be disturbed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs of the appeal
  • Freezing order lifted