Curley v Parkes: CA 25 Oct 2004

The claimant sought leave to an appeal an order dismissing his claim for an interest in the property owned by his former partner and in which they had co-habited. This was the second such house. He sought an interest under a resulting trust, having contributed to the purchase costs.
Held: Though the judge had not addressed the issue now raised as to whether a resulting trust had arisen, had he done so, it would not have affected the order. Leave refused.


Lord Justice Peter Gibson Sir William Aldous


[2004] EWCA Civ 1515




England and Wales


CitedMarsh v von Sternberg QBD 1986
In a constructive trust case, a discount from the open market price given to a sitting tenant by the landlord selling a flat was treated as a relevant contribution by the sitting tenant. . .
CitedHuntingford v Hobbs CA 1-Mar-1992
The parties lived together in a property transferred to the woman after her divorce. That house was sold and the defendant contributed the capital. There was a joint mortgage, but the plaintiff alone had an income from which to make payments. The . .
Lists of cited by and citing cases may be incomplete.

Trusts, Land

Updated: 27 June 2022; Ref: scu.219664