SIGNIFICANT CASES

Aspden v Elvy [2012] EWHC 1387 (Ch): Dispute between an umarried couple as to the beneficial ownership of a farm. The High Court, Chancery Division, found that the female defendant (represented by myself) had a 75% beneficial interest. As she had consistently offered to settle on a 50/50 basis, the male claimant was ordered to pay her costs.

Radford v Gwilliam (2009) Birmingham County Court, Chancery Business: Dispute between parents and their daughter and son-in-law as to ownership of property. The parents had invested the proceeds of sale of their home in an annex to a property owned by their daughter and son-in-law. The parties then fell out. Parents (represented by myself) brought a claim based on constructive trust and/ or proprietary estoppel on the basis that they had a beneficial interest in the property or alternatively were entitled to compensation for the amount that they had spent. The Court found for the parents and awarded a lump sum in compensation.

Shaw v McCormack (2008) High Court, Chancery Division: Represented female partner in a successful application for a freezing order against the male partner in respect of the proceeds of sale of the parties’ former home. Successful TLATA proceedings in respect of the proceeds of sale.

Kay v Mills [2005] EWCA Civ 1537: Property dispute between father and adult daughter. Father sought possession of property purchased on trust by father and daughter upon trust for the father’s sole benefit. Defence based on proprietary estoppel. Successful application to the Court of Appeal against decision of the High Court to strike out the defence.