Crossfield v Jackson [2014] EWCA Civ 1548 (04 December 2014)

Crossfield v Jackson [2014] EWCA Civ 1548 (04 December 2014)

The Appellant did not repose trust and confidence in the Respondent; the transaction did not call for an explanation given the Appellant's circumstances; there was no undue influence, mistake, or misrepresentation; the Deed stands and the Respondent is entitled to have the property conveyed to him.

Citation
[2014] EWCA Civ 1548
Parties
Defendant / Appellant: Monica Elaine Crossfield; Claimant / Respondent: Franklin Roy Jackson
Jurisdiction
England and Wales
Judgment Date
04 December 2014
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Trusts, Declarations of Trust, Right to Buy, Misrepresentation, Mistake, Resulting Trusts
Equity Property Law Undue Influence Trusts Declarations of Trust Right to Buy Misrepresentation Mistake +1 more

Case Brief

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Parties

Monica Elaine Crossfield

Defendant / Appellant

Franklin Roy Jackson

Claimant / Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the declaration of trust (the Deed) should be set aside on grounds of undue influence, mistake, or misrepresentation
  2. 2 Whether the payment by the Respondent was a loan or gave rise to a beneficial interest
  3. 3 Whether the transaction called for an explanation under the doctrine of undue influence

Ratio Decidendi

The Appellant did not repose trust and confidence in the Respondent; the transaction did not call for an explanation given the Appellant's circumstances; there was no undue influence, mistake, or misrepresentation; the Deed stands and the Respondent is entitled to have the property conveyed to him.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The order of the County Court stands; the property is to be conveyed to the Respondent.