Patel & Anor v Patel & Anor [2010] EWCA Civ 1242 (04 October 2010)

Patel & Anor v Patel & Anor [2010] EWCA Civ 1242 (04 October 2010)

The sums of £14,000 and £24,000 were properly accounted for in the division of proceeds, and the attempt to introduce a new issue regarding £6,000 was both out of time and disproportionate to the sums at stake, justifying refusal of permission to appeal and dismissal of the appeal.

Citation
[2010] EWCA Civ 1242
Parties
Appellants: Patel and Anr; Respondents: Patel and Anr
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed; application for permission to appeal out of time refused.
Legal Topics
Resulting Trusts, Division of Property Proceeds, Accounting for Contributions, Appeal Procedure
Trusts Property Law Resulting Trusts Division of Property Proceeds Accounting for Contributions Appeal Procedure

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Parties

Patel and Anr

Appellants

Patel and Anr

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the trial judge correctly accounted for sums of £14,000 and £24,000 expended by defendants on the property after purchase
  2. 2 Whether a further sum of £6,000 was unaccounted for and should be considered on appeal

Ratio Decidendi

The sums of £14,000 and £24,000 were properly accounted for in the division of proceeds, and the attempt to introduce a new issue regarding £6,000 was both out of time and disproportionate to the sums at stake, justifying refusal of permission to appeal and dismissal of the appeal.

Court Disposition

Appeal dismissed; application for permission to appeal out of time refused.

Orders

  • Appeal dismissed
  • Application to extend time for new ground refused