Morris v Morris & Ors

Morris v Morris & Ors

The appeal was allowed because the original costs order against the first, third, fourth, and fifth defendants remained despite the action against them being dismissed on appeal. The court found no answer to the present appeal and ordered the action against these defendants dismissed with no order for costs between...

Source-derived case information.

Parties
Respondent: Mrs Catherine Ellen Morris; Appellant: Edward Richard Morris; Appellant: Executors of the estate of Olive Marjory Morris; Appellant: EM Morris Partnership; Appellant: Robert Morris; Appellant: Sarah Morris
Jurisdiction
England and Wales
Judgment Date
24 November 2010
Procedural Posture
Civil Appeal / Second Appeal to the Court of Appeal
Outcome
Appeal allowed
Legal Topics
Constructive Trust, Proprietary Estoppel, Beneficial Interest, Costs Orders
Property Law Trusts and Estates Constructive Trust Proprietary Estoppel Beneficial Interest Costs Orders

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Summary, issues, holding and outcome

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Parties

Mrs Catherine Ellen Morris

Respondent

Edward Richard Morris

Appellant

Executors of the estate of Olive Marjory Morris

Appellant

EM Morris Partnership

Appellant

Robert Morris

Appellant

Sarah Morris

Appellant

Procedural Posture

Civil Appeal / Second Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the claimant had a beneficial interest in Ty Canol Farm under constructive trust or proprietary estoppel
  2. 2 Whether the costs orders against the first, third, fourth, and fifth defendants should stand after the appeal

Ratio Decidendi

The appeal was allowed because the original costs order against the first, third, fourth, and fifth defendants remained despite the action against them being dismissed on appeal. The court found no answer to the present appeal and ordered the action against these defendants dismissed with no order for costs between the parties in the original trial or the present appeal.

Court Disposition

Appeal allowed

Orders

  • Action against first, third, fourth, and fifth defendants dismissed
  • No order for costs between claimant and appellants in the original trial