Crossfield v Jackson

Crossfield v Jackson

The judge found no relationship of trust and confidence between the Appellant and Respondent, and the transaction did not call for an explanation. The Appellant was not vulnerable, understood the transaction, and the deal reflected her weak bargaining position. There was no undue influence, mistake, or misrepresentation. The Deed stands and the Respondent is entitled to have the property conveyed to him.

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 Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Undue Influence, Trusts, Right to Buy, Misrepresentation, Mistake
Equity Property Law Undue Influence Trusts Right to Buy Misrepresentation Mistake

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Monica Elaine Crossfield

Defendant / Appellant

Franklin Roy Jackson

Claimant / Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the Deed could be set aside on grounds of undue influence, unilateral mistake, or misrepresentation
  2. 2 If the Deed is set aside, whether the payment by the Respondent amounted to a loan and the Appellant is sole beneficial owner
  3. 3 If not a loan, what are the parties' interests in the Property

Ratio Decidendi

The judge found no relationship of trust and confidence between the Appellant and Respondent, and the transaction did not call for an explanation. The Appellant was not vulnerable, understood the transaction, and the deal reflected her weak bargaining position. 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 trial judge stands: the property is to be conveyed to the Respondent and the counter-claim is dismissed