||All England Reporter
|| All ER (D) 436 (Jul)
|| EWCA Civ 1075
||Court of Appeal, Civil Division
Rix, Jonathan Parker LJJ and Nelson J
||Simeon Thrower (instructed by Fenwicks) for the claimant.
||Rosalind Nicholson (instructed by Penningtons) for the defendant.
||29 July 2002
Trust and trustee - Constructive trust - Unmarried couple - Principles applicable in determining beneficial interest in property - Judge finding claimant acting to her detriment on basis of common intention to have beneficial interest in property - Judge finding claimant entitled to beneficial interest in house - Whether judge in error - s 33(3) - s 14.
A party claiming a beneficial interest in land, either by way of constructive trust or by way of proprietary estoppel, had to establish that he or she had acted to his or her detriment or significantly altered his or her position in reliance on the alleged promise or agreement. In the instant case, the judge had been entitled, on the evidence before him, to find that the requirement of detriment had been met and to have concluded that that the claimant was entitled to a 51% beneficial interest in the house.
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