Singha v Heer

Singha v Heer

The appeal was dismissed because the three letters did not, individually or collectively, constitute an express declaration of trust over the property in favour of Mr Heer. The letters referred to a pre-existing arrangement which was not proved, and the use of the word 'trust' in the informal correspondence did not, in the context and on the facts found, amount to the creation of a trust. The judge's findings on credibility, the factual matrix, and the inherent probabilities were upheld.

Parties
Appellant: Singha; Respondent: Heer
Jurisdiction
England and Wales
Judgment Date
16 February 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Express Trusts, Declarations of Trust, Beneficial Ownership, Interpretation of Documents
Trust Law Property Law Express Trusts Declarations of Trust Beneficial Ownership Interpretation of Documents

Case Brief

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Parties

Singha

Appellant

Heer

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether three letters written by Mr Singha constituted an express declaration of trust in favour of Mr Heer over the property at 1 Eaton Close
  2. 2 Whether the judge at first instance erred in finding that no trust was created by the letters
  3. 3 Whether the factual matrix and conduct of the parties supported the existence of a trust

Ratio Decidendi

The appeal was dismissed because the three letters did not, individually or collectively, constitute an express declaration of trust over the property in favour of Mr Heer. The letters referred to a pre-existing arrangement which was not proved, and the use of the word 'trust' in the informal correspondence did not, in the context and on the facts found, amount to the creation of a trust. The judge's findings on credibility, the factual matrix, and the inherent probabilities were upheld.

Court Disposition

Appeal dismissed