O'Kelly v Davies

O'Kelly v Davies

The respondent was entitled to a declaration of equal beneficial interest in 74 Lon Olchfa because the common intention to share was inferred from the parties' conduct and financial contributions, and the claim did not require reliance on the unlawful purpose for the transfer of legal title.

Parties
Appellant: Jeanette O'Kelly; Respondent: Kenneth Dylan Davies
Jurisdiction
England and Wales
Judgment Date
11 December 2014
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Beneficial Interest, Illegality in Trusts, Common Intention, Public Policy
Property Law Equity Trusts Constructive Trusts Resulting Trusts Beneficial Interest Illegality in Trusts Common Intention +1 more

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Parties

Jeanette O'Kelly

Appellant

Kenneth Dylan Davies

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether there was a common intention to share the beneficial interest in 74 Lon Olchfa
  2. 2 Whether the respondent's claim depended on an unlawful purpose, thus barred by public policy

Ratio Decidendi

The respondent was entitled to a declaration of equal beneficial interest in 74 Lon Olchfa because the common intention to share was inferred from the parties' conduct and financial contributions, and the claim did not require reliance on the unlawful purpose for the transfer of legal title.

Court Disposition

appeal dismissed

Orders

  • Declaration that the appellant holds 74 Lon Olchfa on trust for herself and the respondent in equal shares