Strickson v Boyd [2001] EWCA Civ 401 (15 March 2001)

Strickson v Boyd [2001] EWCA Civ 401 (15 March 2001)

The judge's findings of fact established a constructive trust in favour of the defendant, supported by evidence of detrimental reliance and absence of unconscionability; there was no error of law or fact justifying interference with the judgment below.

Citation
[2001] EWCA Civ 401
Parties
Claimant: Mrs Strickson; Defendant: Mr Boyd
Jurisdiction
England and Wales
Judgment Date
15 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal From County Court Judgment
Outcome
Application dismissed
Legal Topics
Constructive Trust, Right to Buy, Beneficial Interest, Possession Proceedings, Costs
Property Law Equity Constructive Trust Right to Buy Beneficial Interest Possession Proceedings Costs

Case Brief

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Parties

Mrs Strickson

Claimant

Mr Boyd

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the arrangement between Mrs Boyd and Mr Boyd created a constructive trust in favour of Mr Boyd
  2. 2 Whether the county court judge erred in characterising the beneficial and legal interests in the property
  3. 3 Whether the arrangement was unconscionable or involved detrimental reliance

Ratio Decidendi

The judge's findings of fact established a constructive trust in favour of the defendant, supported by evidence of detrimental reliance and absence of unconscionability; there was no error of law or fact justifying interference with the judgment below.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed
  • No order as to costs