Barrett v Barrett

Barrett v Barrett

Thomas's claim was struck out because he must rely on the illegal purpose of the trust arrangement—concealing his interest from the trustee in bankruptcy—to establish his beneficial interest, rendering the claim unenforceable under established legal principles.

Parties
Appellant: Thomas Joseph Barrett; Respondent: John Joseph Barrett
Jurisdiction
England and Wales
Judgment Date
19 May 2008
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Constructive Trusts, Resulting Trusts, Illegality in Trusts, Bankruptcy Estate, Proprietary Estoppel
Property Law Trusts Bankruptcy Constructive Trusts Resulting Trusts Illegality in Trusts Bankruptcy Estate Proprietary Estoppel

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Parties

Thomas Joseph Barrett

Appellant

John Joseph Barrett

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether an alleged trust arrangement made for an illegal purpose is enforceable
  2. 2 Whether contributions to mortgage instalments confer a beneficial interest under a resulting or constructive trust
  3. 3 Whether the claimant must rely on illegality to establish a proprietary interest

Ratio Decidendi

Thomas's claim was struck out because he must rely on the illegal purpose of the trust arrangement—concealing his interest from the trustee in bankruptcy—to establish his beneficial interest, rendering the claim unenforceable under established legal principles.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out under CPR 3.4(2)
  • No proprietary interest recognised in favour of Thomas Joseph Barrett