Barnard v Brandon & Ors [2023] EWHC 3043 (Ch) (05 December 2023)

Barnard v Brandon & Ors [2023] EWHC 3043 (Ch) (05 December 2023)

The Trial Order vested C and D4 with an immediate beneficial interest in possession in the Farmhouse, with D2 and D3 holding the legal estate on trust for them until payment of the Judgment Sum, at which point legal title must be conveyed. D123 had no equitable interest post-Trial Order but, as trustees, D2 and D3 could permit occupation by D1 and D3 to protect the property. The 2019 Transfer to D5 was a void sale to self by a mortgagee in possession, as D5 was a nominee for D123 and gave no consideration. The calculation of the judgment debt is governed by the fixed 'Judgment Sum' and simple interest as per the Trial Order.

Citation
[2023] EWHC 3043 (Ch)
Parties
Claimant: Sharon Barnard; First Defendant: Gwendolyn Ruth Brandon; Second Defendant: Martin Brandon; Third Defendant: Matthew Potts; Fourth Defendant: David Clive Richards; Fifth Defendant: Rupert Clifford Brandon
Jurisdiction
England and Wales
Judgment Date
05 December 2023
Procedural Posture
Chancery Division Business and Property Courts Claim and Part 20 Claim / Post Trial Judgment on Construction of Prior Orders, Trust/ownership, and Sale Process
Outcome
Declaratory judgment on construction of prior orders and trust/ownership; directions for consequential hearing and further account; finding that 2019 Transfer was void as a sale to self by mortgagee in possession.
Legal Topics
Fraudulent Misrepresentation, Rescission of Contract, Trusts of Land, Mortgagee Powers, Order for Sale, Constructive Trusts, Beneficial Ownership, Interest in Possession, Harassment (abandoned)
Property Law Equity and Trusts Civil Procedure Fraudulent Misrepresentation Rescission of Contract Trusts of Land Mortgagee Powers Order for Sale +4 more

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Parties

Sharon Barnard

Claimant

Gwendolyn Ruth Brandon

First Defendant

Martin Brandon

Second Defendant

Matthew Potts

Third Defendant

David Clive Richards

Fourth Defendant

Rupert Clifford Brandon

Fifth Defendant

Procedural Posture

Chancery Division Business and Property Courts Claim and Part 20 Claim / Post Trial Judgment on Construction of Prior Orders, Trust/ownership, and Sale Process

Legal Issues

  1. 1 Proper construction of the Trial Order regarding beneficial and legal ownership of Home Barton Farmhouse
  2. 2 Right to occupy the Farmhouse post-rescission
  3. 3 Validity and effect of the 2019 Transfer as a 'sale to self' by mortgagee in possession

Ratio Decidendi

The Trial Order vested C and D4 with an immediate beneficial interest in possession in the Farmhouse, with D2 and D3 holding the legal estate on trust for them until payment of the Judgment Sum, at which point legal title must be conveyed. D123 had no equitable interest post-Trial Order but, as trustees, D2 and D3 could permit occupation by D1 and D3 to protect the property. The 2019 Transfer to D5 was a void sale to self by a mortgagee in possession, as D5 was a nominee for D123 and gave no consideration. The calculation of the judgment debt is governed by the fixed 'Judgment Sum' and simple interest as per the Trial Order.

Court Disposition

Declaratory judgment on construction of prior orders and trust/ownership; directions for consequential hearing and further account; finding that 2019 Transfer was void as a sale to self by mortgagee in possession.

Orders

  • Declaration that C and D4 have a beneficial interest in possession in the Farmhouse until payment of the Judgment Sum; D2 and D3 hold legal title on trust for C and D4.
  • Declaration that the 2019 Transfer to D5 was void as a sale to self by a mortgagee in possession.