Capewell v Boulton

Capewell v Boulton

The court found that Mr Capewell and Mr Boulton agreed to form a company for their joint benefit, that Mr Capewell performed his part by instructing the incorporation and making the company available, and that the shares were held on trust for both parties equally. Delay and other equitable defences did not bar the claim, and there was no abuse of process.

Parties
Claimant: Robert Capewell; Defendant: Peter Boulton
Jurisdiction
England and Wales
Judgment Date
16 September 2009
Procedural Posture
Civil / Judgment
Outcome
Claim allowed in part
Legal Topics
Constructive Trust, Share Ownership, Specific Performance, Delay and Laches, Abuse of Process
Equity Company Law Contract Constructive Trust Share Ownership Specific Performance Delay and Laches Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Robert Capewell

Claimant

Peter Boulton

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an oral agreement existed entitling Mr Capewell to half the shares in Express Despatch (Central) Limited
  2. 2 Whether Mr Capewell is entitled to enforce a beneficial interest in the shares of the company
  3. 3 Whether delay, laches, acquiescence, or estoppel bar the claim

Ratio Decidendi

The court found that Mr Capewell and Mr Boulton agreed to form a company for their joint benefit, that Mr Capewell performed his part by instructing the incorporation and making the company available, and that the shares were held on trust for both parties equally. Delay and other equitable defences did not bar the claim, and there was no abuse of process.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the share now held by Mr Boulton in PDDL (formerly Express Despatch (Central) Limited) is held on trust for Mr Capewell
  • All other relief declined