Patel & Anor v Patel & Anor
The sums of £14,000 and £24,000 were properly accounted for in the expert's division of proceeds, and the appeal on this ground has no merit. The fresh application regarding £6,000 is refused due to inordinate delay and disproportionate expense relative to the sum in dispute.
- Parties
- Appellant: Patel and another; Respondent: Patel and another
- Jurisdiction
- England and Wales
- Judgment Date
- 04 October 2010
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Resulting Trusts, Division of Proceeds, Accounting for Contributions, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Patel and another
Appellant
Patel and another
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the trial judge correctly accounted for the sums of £14,000 and £24,000 expended by the defendants on the property after purchase
- 2 Whether the sums were already considered in the expert's division of proceeds
- 3 Whether a fresh application regarding an unaccounted £6,000 should be allowed out of time
Ratio Decidendi
The sums of £14,000 and £24,000 were properly accounted for in the expert's division of proceeds, and the appeal on this ground has no merit. The fresh application regarding £6,000 is refused due to inordinate delay and disproportionate expense relative to the sum in dispute.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Fresh application for permission to appeal out of time refused
Full Case Text
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