Patrick v McKinley

Patrick v McKinley

Permission to appeal is granted on the basis that it is arguable the trial judge failed to properly consider material evidence, may have erred in findings of credibility, and may not have been evenhanded in his approach, particularly regarding the destruction of evidence, the nature of the parties' relationship, and findings of violence. The applicant is permitted to argue the specific grounds identified in this judgment before the full court.

Parties
Applicant: Jason Patrick; Respondent: Ms McKinley
Jurisdiction
England and Wales
Judgment Date
26 November 2015
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted on specified grounds
Legal Topics
Beneficial Interest, Constructive Trusts, Partnerships and Joint Ventures, Credibility of Witnesses, Adverse Inferences, Disclosure of Evidence, Quantum Meruit
Property Law Equity Civil Procedure Beneficial Interest Constructive Trusts Partnerships and Joint Ventures Credibility of Witnesses Adverse Inferences +2 more

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Parties

Jason Patrick

Applicant

Ms McKinley

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant had a beneficial interest in the respondent's properties or their proceeds of sale
  2. 2 Whether there was a property development joint venture or partnership between the parties
  3. 3 Whether the trial judge erred in findings of fact and credibility

Ratio Decidendi

Permission to appeal is granted on the basis that it is arguable the trial judge failed to properly consider material evidence, may have erred in findings of credibility, and may not have been evenhanded in his approach, particularly regarding the destruction of evidence, the nature of the parties' relationship, and findings of violence. The applicant is permitted to argue the specific grounds identified in this judgment before the full court.

Court Disposition

Permission to appeal granted on specified grounds

Orders

  • Permission to appeal is granted to the applicant on the identified grounds.