Wright v Wright

Wright v Wright

The property at 5 Wyndley Close was validly declared by Tony Wright to be held on trust for Adam Wright, evidenced by affidavit and supporting documents. Transfers of proceeds from 78 Rosemary Hill Road, William Court, and pension monies to Adam were gifts, not loans, and Tony Wright retains no beneficial interest. Tony Wright's counterclaims fail. Adam is entitled to equitable compensation for the breach of trust relating to the £75,000 charge on Wyndley Close, subject to credit for the pension monies received.

Parties
Claimant: Adam Darryl Wright; Defendant: Anthony Darryl Wright
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Resulting and Constructive Trusts, Presumption of Advancement, Ancillary Relief, Fraudulent Conveyance, Equitable Compensation
Trusts Family Law Property Law Equity Resulting and Constructive Trusts Presumption of Advancement Ancillary Relief Fraudulent Conveyance +1 more

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 5 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Adam Darryl Wright

Claimant

Anthony Darryl Wright

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether 5 Wyndley Close is held on trust for Adam Wright
  2. 2 Whether Tony Wright is entitled to proceeds from 78 Rosemary Hill Road
  3. 3 Whether transfers of William Court and pension monies were gifts or loans

Ratio Decidendi

The property at 5 Wyndley Close was validly declared by Tony Wright to be held on trust for Adam Wright, evidenced by affidavit and supporting documents. Transfers of proceeds from 78 Rosemary Hill Road, William Court, and pension monies to Adam were gifts, not loans, and Tony Wright retains no beneficial interest. Tony Wright's counterclaims fail. Adam is entitled to equitable compensation for the breach of trust relating to the £75,000 charge on Wyndley Close, subject to credit for the pension monies received.

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • Declaration that 5 Wyndley Close is held on trust for Adam Wright
  • Order for transfer of 5 Wyndley Close to Adam Wright