Bat-Sheva Goudsmid v Drewe [2002] EWCA Civ 1488 (2 October 2002)

Bat-Sheva Goudsmid v Drewe [2002] EWCA Civ 1488 (2 October 2002)

It would not be right to require the solicitors to release any part of the proceeds of sale until judgment has been given on the preliminary issue of whether Mr Drewe signed the transfer or his signature was forged.

Citation
[2002] EWCA Civ 1488
Parties
Applicant/respondent: Bat-Sheva Goudsmid; Defendant/appellant: John Richard Drewe
Jurisdiction
England and Wales
Judgment Date
02 October 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application adjourned
Legal Topics
Summary Judgment, Ownership of Proceeds of Sale, Forgery, Conditional Agreements
Property Law Trusts Summary Judgment Ownership of Proceeds of Sale Forgery Conditional Agreements

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Parties

Bat-Sheva Goudsmid

Applicant/respondent

John Richard Drewe

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr Drewe signed the transfer dated 14th September 1996 or whether his signature was forged
  2. 2 Entitlement to proceeds of sale based on April 1996 agreement

Ratio Decidendi

It would not be right to require the solicitors to release any part of the proceeds of sale until judgment has been given on the preliminary issue of whether Mr Drewe signed the transfer or his signature was forged.

Court Disposition

Application adjourned

Orders

  • If Mr Drewe is unsuccessful on the preliminary issue, no appeal arises regarding release of proceeds.
  • If Mr Drewe is successful, application for permission to appeal to be restored for further argument.