McDonnell v Loosemore & Anor

McDonnell v Loosemore & Anor

The district judge was entitled to find, on the evidence and contemporaneous documents, that Edward's £110,000 contribution was an outright gift and that the presumption of resulting trust was rebutted; there was no evidence of a loan or conditional gift, and Edward had no beneficial interest in the property.

Parties
Appellant: Wendy Loosemore; Respondent: Edward McDonnell; Other: Mark McDonnell
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Resulting Trusts, Gifts, Beneficial Interest in Property, Presumption of Advancement
Equity and Trusts Family Law Resulting Trusts Gifts Beneficial Interest in Property Presumption of Advancement

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Parties

Wendy Loosemore

Appellant

Edward McDonnell

Respondent

Mark McDonnell

Other

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Edward McDonnell had a beneficial interest in 56 Alexandra Road arising from his £110,000 contribution to the purchase price
  2. 2 Whether the presumption of resulting trust was rebutted by evidence of an outright gift

Ratio Decidendi

The district judge was entitled to find, on the evidence and contemporaneous documents, that Edward's £110,000 contribution was an outright gift and that the presumption of resulting trust was rebutted; there was no evidence of a loan or conditional gift, and Edward had no beneficial interest in the property.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Order of the district judge restored
  • No beneficial interest for Edward McDonnell in the proceeds of sale of 56 Alexandra Road