Curran v Collins [2013] EWCA Civ 382 (22 January 2013)

Curran v Collins [2013] EWCA Civ 382 (22 January 2013)

The judge found no equitable interest in the property and no partnership, based on the evidence and absence of documentation, but permission to appeal was granted due to possible grounds of criticism regarding the partnership issue.

Citation
[2013] EWCA Civ 382
Parties
Applicant: Curran; Respondent: Collins
Jurisdiction
England and Wales
Judgment Date
22 January 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Equitable Interest, Partnership, Cohabitation, Business Ownership
Property Law Partnership Law Family Law Equitable Interest Partnership Cohabitation Business Ownership

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Parties

Curran

Applicant

Collins

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant has an equitable interest in the property known as The Haven
  2. 2 Whether there was a partnership between the applicant and respondent in the kennels and cattery business

Ratio Decidendi

The judge found no equitable interest in the property and no partnership, based on the evidence and absence of documentation, but permission to appeal was granted due to possible grounds of criticism regarding the partnership issue.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal against both parts of the judgment (property and business) granted
  • Appeal to be heard by a court of three, possibly including one High Court judge, for one day