Patrick v McKinley

Patrick v McKinley

The appeal was dismissed because the trial judge's findings of fact, particularly regarding the absence of any promises or assurances by the Respondent and the credibility of the parties, were unimpeachable and not plainly wrong. The Appellant failed to establish any basis for overturning the judge’s assessment of the evidence or entitlement to a proprietary interest or quantum meruit payment.

Parties
Appellant: Jason Patrick; Respondent: Daphne McKinley
Jurisdiction
England and Wales
Judgment Date
08 December 2017
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trust, Proprietary Estoppel, Quantum Meruit, Findings of Fact, Credibility of Witnesses, Appeals on Fact, Disclosure and Evidence
Property Law Equity Civil Procedure Constructive Trust Proprietary Estoppel Quantum Meruit Findings of Fact Credibility of Witnesses +2 more

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Parties

Jason Patrick

Appellant

Daphne McKinley

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the Respondent gave the Appellant oral promises or assurances in 2003-04 giving rise to a proprietary interest in certain properties or company shares; Whether the Appellant is entitled to payment for work done on a quantum meruit basis; Whether the trial judge's findings of fact were plainly wrong and should be overturned on appeal.

Ratio Decidendi

The appeal was dismissed because the trial judge's findings of fact, particularly regarding the absence of any promises or assurances by the Respondent and the credibility of the parties, were unimpeachable and not plainly wrong. The Appellant failed to establish any basis for overturning the judge’s assessment of the evidence or entitlement to a proprietary interest or quantum meruit payment.

Court Disposition

Appeal dismissed