Black v Pastouna and Another: CA 31 Oct 2005

The appellant occupied a property now belonging to the two respondents who had had it transferred to them by their father. The appellant had been in a relationship with him. The respondent daughters had asserted that she occupied it it under a documented assured shorthold tanancy in respect of which she was in arrears of rent. The appellant sought to appeal against rejection of her claim to a trust in the property saying that the tenancy agreement had been a sham. She had however paid him andpound;20k.
Held: Leave to appeal was refused. It would be wrong to overturn a judgment based so firmly in the view taken by the judge of the evidence and parties appearing before him.
The court noted that the representatives had travelled from Liverpool to attend when a video conference may have been equally effective, and drew attention to the need for such matters to be considered.


Brooke LJ VP, Carnwath LJ


[2005] EWCA Civ 1389




England and Wales

Housing, Trusts

Updated: 04 July 2022; Ref: scu.235334