The claimant asserted an equitable interest in a property underlying a development stating that his share in the profits gave hm that right. He had provided consultancy services, with a promise of payment of a fee calculated as a small percentage of the final project. He had also contributed some funds.
Held: the relationship between the parties was contractual in nature. He was not to bear any share of any losses and was to receive interest on his capital contribution. The entitlement to a share in the profits did not amount to a share in the property itself. Nor had a resulting trust been created buy his contribution. The parties had set out their agreement in the contract and there was ‘no gap for equity to fill.’ The defendant had been accused of slander of title. No malice had been established against him and the tort was not made out.
Judges:
Lewison J
Citations:
Times 21-Apr-2006
Jurisdiction:
England and Wales
Equity, Contract
Updated: 28 June 2022; Ref: scu.241301
