Julie Amanda Mate v Shirley Clare Mate & Ors

Julie Amanda Mate v Shirley Clare Mate & Ors

The applicants failed to identify any error of law or finding of fact not open to the judge; there is no reasonable prospect of success on appeal regarding the assessment of services or findings on the declaration of trust.

Parties
Claimant: Julie Amanda Mate; Defendant: Shirley Clare Mate; Defendant: Andrew David Mate; Defendant: Robert Christopher Mate
Jurisdiction
England and Wales
Judgment Date
17 March 2023
Procedural Posture
Civil / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Unjust Enrichment, Assessment of Services, Declaration of Trust, Appeal Procedure
Civil Procedure Unjust Enrichment Assessment of Services Declaration of Trust Appeal Procedure

Case Brief

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Parties

Julie Amanda Mate

Claimant

Shirley Clare Mate

Defendant

Andrew David Mate

Defendant

Robert Christopher Mate

Defendant

Procedural Posture

Civil / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the assessment of the value of Julie Amanda Mate's services as a land promoter was correct
  2. 2 Whether findings regarding Shirley Clare Mate's understanding of the declaration of trust were properly made

Ratio Decidendi

The applicants failed to identify any error of law or finding of fact not open to the judge; there is no reasonable prospect of success on appeal regarding the assessment of services or findings on the declaration of trust.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused on both grounds
  • Second and third defendants may renew their application for permission to appeal to the Court of Appeal by 4 pm on 11 April 2023