Parrott v Parkin

Parrott v Parkin

Miss Parrott provided £73,000 of the purchase price for 'UP YAWS', creating a presumption of resulting trust in her favour. There was insufficient evidence of an agreement or intention to displace this presumption or to show she intended to make a gift of her contribution to Mr Parkin. Therefore, Miss Parrott holds a beneficial interest in 'UP YAWS' to the extent of her contribution, approximately 55%.

Parties
Claimant: Linda Marie Parrott; Defendant: Mark Trevor Parkin
Jurisdiction
England and Wales
Judgment Date
08 February 2007
Procedural Posture
Admiralty Claim in Rem / Judgment After Trial
Outcome
Declaration of beneficial interest; no order for possession; further orders to be considered after hearing counsel.
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Cohabitation Property Rights
Trusts Property Law Family Law Constructive Trust Resulting Trust Beneficial Ownership Cohabitation Property Rights

Case Brief

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Parties

Linda Marie Parrott

Claimant

Mark Trevor Parkin

Defendant

Procedural Posture

Admiralty Claim in Rem / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Parkin had any beneficial interest in 6 Long Drive (6LD) at any time up to the purchase of 'DUTY FREE B'
  2. 2 Proper legal analysis of the parties’ arrangements at the time of purchase of 'DUTY FREE B' concerning their respective interests in the vessel
  3. 3 Proper legal analysis of the parties’ arrangements at the time of purchase of 'UP YAWS' concerning their respective interests in the vessel

Ratio Decidendi

Miss Parrott provided £73,000 of the purchase price for 'UP YAWS', creating a presumption of resulting trust in her favour. There was insufficient evidence of an agreement or intention to displace this presumption or to show she intended to make a gift of her contribution to Mr Parkin. Therefore, Miss Parrott holds a beneficial interest in 'UP YAWS' to the extent of her contribution, approximately 55%.

Court Disposition

Declaration of beneficial interest; no order for possession; further orders to be considered after hearing counsel.