Archibald & Anor v Alexander

Archibald & Anor v Alexander

The constructive trust arose because the property was transferred to the appellant on the express agreement to hold it for the siblings, and equity does not require detrimental reliance in such circumstances; unconscionability is sufficient.

Parties
Claimant/respondent: John Archibald; Claimant/respondent: Brenda Archibald; Defendant/appellant: Patsy Alexander
Jurisdiction
England and Wales
Judgment Date
26 June 2020
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Constructive Trusts, Beneficial Ownership, Unconscionability, Detrimental Reliance
Property Law Equity Constructive Trusts Beneficial Ownership Unconscionability Detrimental Reliance

Case Brief

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Parties

John Archibald

Claimant/respondent

Brenda Archibald

Claimant/respondent

Patsy Alexander

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the judge was wrong to find a causative connection between the oral agreement and the failure of the respondents to become transferees of the property
  2. 2 Whether there was sufficient detrimental reliance by the respondents to create an equity under a constructive trust

Ratio Decidendi

The constructive trust arose because the property was transferred to the appellant on the express agreement to hold it for the siblings, and equity does not require detrimental reliance in such circumstances; unconscionability is sufficient.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The original order of the trial judge is upheld.