Crick v Crick & Ors

Crick v Crick & Ors

The judge was entitled to reject the appellant's claim for an enhanced share based on improvements, considering the benefit of occupation and joint financing of improvements; the court had power to order sale and appoint an agent for conveyance without contravening statutory requirements or creating a conflict of interest.

Parties
Appellant/claimant: Trevor Crick; Respondents/defendants: Crick & Others
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Distribution of Estate, Trustee Powers, Occupation Rent, Sale of Trust Property
Succession Trusts Property Distribution of Estate Trustee Powers Occupation Rent Sale of Trust Property

Case Brief

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Parties

Trevor Crick

Appellant/claimant

Crick & Others

Respondents/defendants

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether improvements made by the appellant justify a greater share of the estate
  2. 2 Whether the judge erred in considering the appellant's occupation of the property
  3. 3 Whether the conduct of sale and appointment of solicitor contravened statutory requirements

Ratio Decidendi

The judge was entitled to reject the appellant's claim for an enhanced share based on improvements, considering the benefit of occupation and joint financing of improvements; the court had power to order sale and appoint an agent for conveyance without contravening statutory requirements or creating a conflict of interest.

Court Disposition

permission to appeal refused

Orders

  • application for permission to appeal refused