Williamson v Sheikh

Williamson v Sheikh

The presumption that Mr Sheikh owned the property solely was rebutted by Miss Williamson's financial contributions and the parties' common intention as evidenced by the draft declaration of trust. The agreed beneficial shares were £10,000 to Miss Williamson and the balance split 60:40 in her favour. Mr Sheikh's mortgage payments did not alter this, as they were contemplated by the parties at the time of agreement.

Parties
Appellant: Williamson; Respondent: Sheikh
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Beneficial Interests in Property, Constructive Trusts, Declarations of Trust, Undue Influence, Common Intention
Property Law Trusts Beneficial Interests in Property Constructive Trusts Declarations of Trust Undue Influence Common Intention

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Parties

Williamson

Appellant

Sheikh

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether Miss Williamson had a beneficial interest in the property held in Mr Sheikh's name
  2. 2 Whether the draft declaration of trust evidenced the parties' common intention
  3. 3 Whether Mr Sheikh's mortgage payments affected the beneficial shares

Ratio Decidendi

The presumption that Mr Sheikh owned the property solely was rebutted by Miss Williamson's financial contributions and the parties' common intention as evidenced by the draft declaration of trust. The agreed beneficial shares were £10,000 to Miss Williamson and the balance split 60:40 in her favour. Mr Sheikh's mortgage payments did not alter this, as they were contemplated by the parties at the time of agreement.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; trial court's order stands