Singha v Heer [2016] EWCA Civ 424 (16 February 2016)

Singha v Heer [2016] EWCA Civ 424 (16 February 2016)

The letters did not constitute an express declaration of trust over the property. The judge was entitled to find, based on the evidence and context, that the letters referred to a pre-existing arrangement and did not create a trust. The use of the word 'trust' in informal correspondence, even by a legally trained person, was not sufficient to establish a trust in the absence of clear intention and supporting evidence. The appeal was dismissed as the judge's findings were not shown to be wrong.

Citation
[2016] EWCA Civ 424
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 Trust Documents, Partnership Property, Fraud and Forgery in Legal Documents
Trusts Law Property Law Express Trusts Declarations of Trust Beneficial Ownership Interpretation of Trust Documents Partnership Property Fraud and Forgery in Legal 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 to Mr Heer constituted an express declaration of trust over the property at 1 Eaton Close
  2. 2 Whether the judge erred in finding that no trust was created by the letters
  3. 3 Whether the judge was correct in his assessment of the credibility of the evidence and the context of the parties' dealings

Ratio Decidendi

The letters did not constitute an express declaration of trust over the property. The judge was entitled to find, based on the evidence and context, that the letters referred to a pre-existing arrangement and did not create a trust. The use of the word 'trust' in informal correspondence, even by a legally trained person, was not sufficient to establish a trust in the absence of clear intention and supporting evidence. The appeal was dismissed as the judge's findings were not shown to be wrong.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.