Reeve v Reeve

The judge should have transferred the application to the Family Division as the appropriate forum and not decided it himself; reliance on delay as a ground for dismissal was procedurally unfair as it was not squarely argued before the hearing.

Parties: Applicant: William Reeve; Respondent: Peter Reeve; Respondent: Henrietta Reeve
Jurisdiction: England and Wales
Judgment Date: 19 May 2015
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: Permission to appeal granted; application to adduce fresh evidence adjourned; expedited hearing ordered.
Legal Topics: Constructive Trust, Proprietary Estoppel, Abuse of Process, Pre Action Disclosure, Stay of Sale

Family Law Property Law Constructive Trust Proprietary Estoppel Abuse of Process Pre Action Disclosure Stay of Sale

Case Brief

Summary, issues, holding and outcome

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Parties

William Reeve

Applicant

Peter Reeve

Respondent

Henrietta Reeve

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether the Chancery Division was the correct forum for the application
2 Whether the judge erred by not transferring the application to the Family Division
3 Whether procedural unfairness occurred due to reliance on delay not argued before the hearing

Ratio Decidendi

Court Disposition

Permission to appeal granted; application to adduce fresh evidence adjourned; expedited hearing ordered.

Orders

Permission to appeal against the judge's order granted.
Application to adduce fresh evidence adjourned for consideration by the appeal court.