Pratt & Anor v Medwin & Anor Rev 1
The appeal was dismissed because the evidence did not support the existence of a common intention constructive trust over the endowment policy proceeds, and the judge's apportionment of interest liability on the proceeds of sale of 104 Darnley Road was correct and consistent with the parties' respective shares and liabilities.
- Parties
- Appellant: Pratt & Anr; Respondent: Medwin & Anr
- Jurisdiction
- England and Wales
- Judgment Date
- 18 June 2003
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Constructive Trusts, Beneficial Ownership, Partnerships, Indemnity, Apportionment of Liabilities
Case Brief
Summary, issues, holding and outcome
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Parties
Pratt & Anr
Appellant
Medwin & Anr
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the proceeds of the Guardian endowment policy were beneficially owned jointly by Mr Owen and Mr Robert Medwin under a common intention constructive trust
- 2 How interest on the proceeds of sale of 104 Darnley Road, used to discharge joint borrowings, should be apportioned among the parties
Ratio Decidendi
The appeal was dismissed because the evidence did not support the existence of a common intention constructive trust over the endowment policy proceeds, and the judge's apportionment of interest liability on the proceeds of sale of 104 Darnley Road was correct and consistent with the parties' respective shares and liabilities.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed on both issues
- No change to the judge's order regarding beneficial ownership of the endowment policy
Full Case Text
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