Thompson v Hurst
The appeal was dismissed because the property was purchased in the respondent's sole name, and there was no legal basis for presuming equal beneficial ownership. The District Judge correctly applied the principles of constructive trust and fairness, considering the parties' contributions and course of dealing, and was not plainly wrong or in error of principle in awarding the appellant a 10% beneficial interest.
- Parties
- Appellant: Thompson; Respondent: Hurst
- Jurisdiction
- England and Wales
- Judgment Date
- 30 March 2012
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Beneficial Interest, Constructive Trust, Cohabitation, Apportionment of Shares
Case Brief
Summary, issues, holding and outcome
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Parties
Thompson
Appellant
Hurst
Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Legal Issues
- 1 Whether the appellant is entitled to a greater beneficial interest in the property than awarded by the District Judge
- 2 Whether the District Judge erred in law in quantifying the appellant's beneficial interest
- 3 Whether principles in Stack v Dowden and Jones v Kernott were properly applied
Ratio Decidendi
The appeal was dismissed because the property was purchased in the respondent's sole name, and there was no legal basis for presuming equal beneficial ownership. The District Judge correctly applied the principles of constructive trust and fairness, considering the parties' contributions and course of dealing, and was not plainly wrong or in error of principle in awarding the appellant a 10% beneficial interest.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed; District Judge's order stands
Full Case Text
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