Day v Day [2006] EWCA Civ 415 (14 March 2006)

Day v Day [2006] EWCA Civ 415 (14 March 2006)

The claimant succeeded in obtaining a judgment for her share of the proceeds, and the defendant was required to pay; therefore, costs should follow the event and the claimant is entitled to all her costs, as the judge erred in treating the outcome as a draw and penalising her for not making a Part 36 offer.

Citation
[2006] EWCA Civ 415
Parties
Claimant/appellant: Lilian Day; Defendant/respondent: Phillip Day
Jurisdiction
England and Wales
Judgment Date
14 March 2006
Procedural Posture
Civil Appeal / Appeal From High Court Chancery Division
Outcome
appeal allowed
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Costs Discretion, CPR Part 36 Offers
Trusts Property Civil Procedure Constructive Trust Resulting Trust Beneficial Ownership Costs Discretion CPR Part 36 Offers

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

Parties

Lilian Day

Claimant/appellant

Phillip Day

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Chancery Division

Legal Issues

  1. 1 Whether the property was held on a constructive trust for John or as a resulting trust for Elsie and John
  2. 2 Whether the sum contributed by John was a gift
  3. 3 Appropriate apportionment of costs given the outcome

Ratio Decidendi

The claimant succeeded in obtaining a judgment for her share of the proceeds, and the defendant was required to pay; therefore, costs should follow the event and the claimant is entitled to all her costs, as the judge erred in treating the outcome as a draw and penalising her for not making a Part 36 offer.

Court Disposition

appeal allowed

Orders

  • Appellant awarded all costs of the claim on a standard basis to be assessed if not agreed
  • Order substituted for previous costs order