Day v Day

Day v Day

The claimant succeeded in her claim as the defendant was ordered to pay her a substantial sum; the trial judge erred in characterising the outcome as a draw and in his approach to costs. The general rule that costs follow the event should apply, and the claimant is entitled to all her costs.

Parties
Claimant/appellant: Lilian Day; Defendant/respondent: Phillip Day
Jurisdiction
England and Wales
Judgment Date
14 March 2006
Procedural Posture
Civil Appeal / Appeal From High Court Chancery Division to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Resulting Trusts, Constructive Trusts, Beneficial Ownership, Costs Orders
Trusts Property Law Civil Procedure Resulting Trusts Constructive Trusts Beneficial Ownership Costs Orders

Case Brief

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Parties

Lilian Day

Claimant/appellant

Phillip Day

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether the property was held on a common intention constructive trust for the claimant for life with remainder to John, or on a resulting trust for Elsie and John in shares of 60:40
  2. 2 Whether the sum contributed by John was a gift to Elsie
  3. 3 Whether the trial judge erred in the exercise of discretion on costs

Ratio Decidendi

The claimant succeeded in her claim as the defendant was ordered to pay her a substantial sum; the trial judge erred in characterising the outcome as a draw and in his approach to costs. The general rule that costs follow the event should apply, and the claimant is entitled to all her costs.

Court Disposition

Appeal allowed

Orders

  • Appellant to have her costs of the hearing below assessed if not agreed
  • Order of the Deputy Judge on costs set aside and substituted