Curley v Parkes [2004] EWCA Civ 1515 (25 October 2004)

Curley v Parkes [2004] EWCA Civ 1515 (25 October 2004)

The appellant's payments did not constitute contributions to the purchase price at the time of acquisition, and there was insufficient evidence of any agreement or liability at that date to support a resulting trust; therefore, no beneficial interest arose in favour of the appellant.

Citation
[2004] EWCA Civ 1515
Parties
Claimant/appellant: Andrew Curley; Defendant/respondent: Nicola Parkes
Jurisdiction
England and Wales
Judgment Date
25 October 2004
Procedural Posture
Civil Appeal / Appeal From County Court Decision
Outcome
Appeal dismissed
Legal Topics
Resulting Trusts, Constructive Trusts, Beneficial Ownership, Cohabitation, Equitable Interests
Property Law Trusts Law Resulting Trusts Constructive Trusts Beneficial Ownership Cohabitation Equitable Interests

Case Brief

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Parties

Andrew Curley

Claimant/appellant

Nicola Parkes

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision

Legal Issues

  1. 1 Whether the appellant is entitled to a beneficial interest in property under a resulting trust based on contributions to the purchase price
  2. 2 Whether payments made by the appellant constitute contributions to the purchase price for the purposes of a resulting trust

Ratio Decidendi

The appellant's payments did not constitute contributions to the purchase price at the time of acquisition, and there was insufficient evidence of any agreement or liability at that date to support a resulting trust; therefore, no beneficial interest arose in favour of the appellant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed at £3,900