Kean v McDonald & Ors [2006] EWHC 698 (Ch) (23 March 2006)

Kean v McDonald & Ors [2006] EWHC 698 (Ch) (23 March 2006)

The court accepted the oral evidence of Mr. Kean and Mr. McDonald, finding that a common intention constructive trust was established in 1997, supported by the £10,000 payment and detrimental reliance, and rejected alternative ownership claims by Stableclock Ltd and Mr. Gerrard.

Citation
[2006] EWHC 698 (Ch)
Parties
Claimant: Robert Alan Kean; Defendant: William McDonald; Defendant: Ashley Sansom; Defendant: Robert Wilson; Defendant: Robert Stephen Gerrard; Defendant: Crown Prosecution Service; Defendant: H. M. Attorney General to the Duchy of Lancaster
Jurisdiction
England and Wales
Judgment Date
23 March 2006
Procedural Posture
Chancery Division Civil Claim / Final Judgment After Trial
Outcome
Claim allowed; Mr. Kean declared sole beneficial owner of the property.
Legal Topics
Constructive Trust, Beneficial Ownership, Transfer of Property, Detrimental Reliance
Property Law Trusts Constructive Trust Beneficial Ownership Transfer of Property Detrimental Reliance

Case Brief

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Parties

Robert Alan Kean

Claimant

William McDonald

Defendant

Ashley Sansom

Defendant

Robert Wilson

Defendant

Robert Stephen Gerrard

Defendant

Crown Prosecution Service

Defendant

H. M. Attorney General to the Duchy of Lancaster

Defendant

Procedural Posture

Chancery Division Civil Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is the beneficial owner of the property at 1B Charnley's Lane, Banks, Merseyside
  2. 2 Whether a constructive trust based on common intention exists
  3. 3 Whether the £10,000 payment constituted detrimental reliance

Ratio Decidendi

The court accepted the oral evidence of Mr. Kean and Mr. McDonald, finding that a common intention constructive trust was established in 1997, supported by the £10,000 payment and detrimental reliance, and rejected alternative ownership claims by Stableclock Ltd and Mr. Gerrard.

Court Disposition

Claim allowed; Mr. Kean declared sole beneficial owner of the property.

Orders

  • Parties to agree the appropriate form of Order reflecting Mr. Kean's beneficial ownership; costs to be argued separately.