Wade v Baylis

Wade v Baylis

Recorder was entitled to find that Mr Wade transferred both legal and beneficial interest in Keyworth to Ms Baylis in 1986, failed to prove express or implied agreement to retain beneficial interest, and subsequent conduct did not establish common intention. No occupation rent was due given Mr Wade's voluntary departure and rent-free occupation of Keyworth. Recorder's discretion justified sale order and refusal to allow both parties to bid. Jigsaw Galore was not a partnership, and costs order was within discretion.

Parties
Appellant: Peter David Wade; Respondent: Marlene Baylis
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Civil / Permission to Appeal Application
Outcome
permission to appeal refused
Legal Topics
Beneficial Ownership, Joint Property, Partnership, Occupation Rent, Costs
Property Family Commercial Beneficial Ownership Joint Property Partnership Occupation Rent Costs

Case Brief

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Parties

Peter David Wade

Appellant

Marlene Baylis

Respondent

Procedural Posture

Civil / Permission to Appeal Application

Legal Issues

  1. 1 Whether Mr Wade retained a beneficial interest in Keyworth after transfer to Ms Baylis
  2. 2 Entitlement to occupation rent for Seaward
  3. 3 Right to bid for Seaward upon sale

Ratio Decidendi

Recorder was entitled to find that Mr Wade transferred both legal and beneficial interest in Keyworth to Ms Baylis in 1986, failed to prove express or implied agreement to retain beneficial interest, and subsequent conduct did not establish common intention. No occupation rent was due given Mr Wade's voluntary departure and rent-free occupation of Keyworth. Recorder's discretion justified sale order and refusal to allow both parties to bid. Jigsaw Galore was not a partnership, and costs order was within discretion.

Court Disposition

permission to appeal refused

Orders

  • Refusal of permission to appeal on all grounds
  • Recorder's orders regarding Keyworth, Seaward, Jigsaw Galore, and costs upheld