Oates v Stimson & Anor
The oral agreement was enforceable under a constructive trust as Mr Stimson acted to his detriment in reliance on Mr Oates's representations, making it unconscionable for Mr Oates to deny the agreement, and the statutory requirement for writing does not affect constructive trusts.
- Parties
- Appellant: Oates; Respondent: Stimson; Other: Hobbs
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2006
- Procedural Posture
- Civil Appeal / Appeal From Swindon County Court
- Outcome
- Appeal dismissed
- Legal Topics
- Constructive Trust, Proprietary Estoppel, Oral Agreements for Land, Section 2 Law of Property (miscellaneous Provisions) Act 1989
Case Brief
Summary, issues, holding and outcome
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Parties
Oates
Appellant
Stimson
Respondent
Hobbs
Other
Procedural Posture
Civil Appeal / Appeal From Swindon County Court
Legal Issues
- 1 Whether an oral agreement for the transfer of an interest in land is enforceable under proprietary estoppel or constructive trust despite statutory requirements for writing
- 2 Whether the detriment suffered by the respondent justifies enforcement of the oral agreement
Ratio Decidendi
The oral agreement was enforceable under a constructive trust as Mr Stimson acted to his detriment in reliance on Mr Oates's representations, making it unconscionable for Mr Oates to deny the agreement, and the statutory requirement for writing does not affect constructive trusts.
Court Disposition
Appeal dismissed
Orders
- Declarations granted in favour of Mr Stimson as per the Recorder's order
- Mr Oates entitled to £2,500 from the proceeds of sale; otherwise, proceeds belong to Mr Stimson
Full Case Text
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