Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)

Cayzer v Beddow [2007] EWCA Civ 644 (29 June 2007)

No binding contract was concluded as the terms were too vague and uncertain to be enforceable; no constructive trust or equity arose as the necessary facts for a Pallant v. Morgan equity were neither pleaded nor proved; there was no partnership or joint venture agreement as a matter of law or fact.

Citation
[2007] EWCA Civ 644
Parties
Appellant: Nigel Cayzer; Respondent: Robert Beddow
Jurisdiction
England and Wales
Judgment Date
29 June 2007
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed; findings below overturned on preliminary issues.
Legal Topics
Constructive Trusts, Joint Ventures, Partnerships, Beneficial Ownership of Shares, Binding Oral Contracts
Equity Contract Law Company Law Constructive Trusts Joint Ventures Partnerships Beneficial Ownership of Shares Binding Oral Contracts

Case Brief

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Parties

Nigel Cayzer

Appellant

Robert Beddow

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a binding oral contract was concluded on 11 February 1998 and affirmed on 27 July 1998 regarding the promotion of a company and the issue of shares
  2. 2 Whether the dealings between the parties gave rise to a constructive trust or equity in favour of the claimant under the principle in Pallant v. Morgan
  3. 3 Whether the judge was entitled to find a joint venture agreement or partnership at will

Ratio Decidendi

No binding contract was concluded as the terms were too vague and uncertain to be enforceable; no constructive trust or equity arose as the necessary facts for a Pallant v. Morgan equity were neither pleaded nor proved; there was no partnership or joint venture agreement as a matter of law or fact.

Court Disposition

Appeal allowed; findings below overturned on preliminary issues.

Orders

  • No binding contract found between the parties.
  • No constructive trust or equity in the shares in favour of the claimant.