Curran v Collins

Curran v Collins

Permission to appeal is granted because, despite the trial judge's findings, there is just sufficient prospect of success on the partnership issue given the domestic context, the appellant's credibility, and the respondent's representations about the business.

Parties
Applicant: Curran; Respondent: Collins
Jurisdiction
England and Wales
Judgment Date
22 January 2013
Procedural Posture
Civil / Renewed Application for Permission to Appeal
Outcome
permission to appeal granted
Legal Topics
Equitable Interest in Property, Cohabitation, Partnership in Business, Appeal Procedure
Property Law Partnership Law Equitable Interest in Property Cohabitation Partnership in Business Appeal Procedure

Case Brief

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Parties

Curran

Applicant

Collins

Respondent

Procedural Posture

Civil / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellant had an equitable interest in the property known as The Haven
  2. 2 Whether there was a partnership between the appellant and respondent in the kennels and cattery business
  3. 3 Whether the trial judge erred in her assessment of the evidence

Ratio Decidendi

Permission to appeal is granted because, despite the trial judge's findings, there is just sufficient prospect of success on the partnership issue given the domestic context, the appellant's credibility, and the respondent's representations about the business.

Court Disposition

permission to appeal granted

Orders

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