Collier v Collier [2002] EWCA Civ 1095 (30 July 2002)

Collier v Collier [2002] EWCA Civ 1095 (30 July 2002)

The father could not enforce the alleged trust because to do so he would have to rely on his own illegality, namely the fraudulent purpose of defeating creditors and tax authorities, which had been carried into effect. The property must remain where it lies.

Citation
[2002] EWCA Civ 1095
Parties
Claimant/appellant: Diane Juliette Collier; Defendant/respondent: Michael Clayton Collier
Jurisdiction
England and Wales
Judgment Date
30 July 2002
Procedural Posture
Civil Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal allowed; order of the judge set aside.
Legal Topics
Express Trusts, Illegality in Trusts, Presumption of Advancement, Resulting Trusts, Sham Transactions, Fraud on Creditors, Inheritance Tax Avoidance
Equity and Trusts Property Law Civil Procedure Express Trusts Illegality in Trusts Presumption of Advancement Resulting Trusts Sham Transactions +2 more

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Parties

Diane Juliette Collier

Claimant/appellant

Michael Clayton Collier

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether the daughter held the properties on trust for the father
  2. 2 Whether the trust was unenforceable due to illegality (fraud on creditors and tax authorities)
  3. 3 Whether there was sufficient evidence of an express trust agreement

Ratio Decidendi

The father could not enforce the alleged trust because to do so he would have to rely on his own illegality, namely the fraudulent purpose of defeating creditors and tax authorities, which had been carried into effect. The property must remain where it lies.

Court Disposition

Appeal allowed; order of the judge set aside.

Orders

  • The declarations and orders in favour of the father are set aside.
  • No order for transfer of property to the father.