Day v Day

Day v Day

There was no evidence of a common intention constructive trust or a gift; the property was held by Elsie on a resulting trust for herself and John in shares commensurate with their contributions, 60% for Elsie and 40% for John. The claimant is entitled to 40% of the net proceeds of sale, subject to credits for payments made by Philip in mistaken belief of sole entitlement.

Parties
Claimant: Lilian Day; Defendant: Philip John Day
Jurisdiction
England and Wales
Judgment Date
23 June 2005
Procedural Posture
Civil / Judgment
Outcome
Claim succeeds on resulting trust basis; claimant entitled to 40% of net proceeds of sale, subject to credits for payments made by defendant.
Legal Topics
Resulting Trust, Constructive Trust, Beneficial Ownership, Change of Position, Secret Trust
Property Law Trusts Resulting Trust Constructive Trust Beneficial Ownership Change of Position Secret Trust

Case Brief

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Parties

Lilian Day

Claimant

Philip John Day

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Elsie held the property on a common intention constructive trust for herself for life with remainder to John
  2. 2 Whether Elsie held the property on a resulting trust for herself and John in the ratio of 60:40
  3. 3 Whether John made a gift of his contribution to Elsie

Ratio Decidendi

There was no evidence of a common intention constructive trust or a gift; the property was held by Elsie on a resulting trust for herself and John in shares commensurate with their contributions, 60% for Elsie and 40% for John. The claimant is entitled to 40% of the net proceeds of sale, subject to credits for payments made by Philip in mistaken belief of sole entitlement.

Court Disposition

Claim succeeds on resulting trust basis; claimant entitled to 40% of net proceeds of sale, subject to credits for payments made by defendant.

Orders

  • Counsel to consider appropriate form of order.