Claim to recover money and property said to have been transferred by the claimant to the defendants or one or more of them. The money concerned came from a bank account belonging to the claimant. The property concerned consisted of two dwelling-houses, one which the claimant had inherited from her parents, and in which she lived until recently, and one which was acquired by the first and second defendants under the social housing right to buy scheme. The claims are based variously on the doctrines of unjust enrichment, undue influence, resulting and constructive trusts, proprietary estoppel, and mistake.
Held: Although the claimant was entitled to judgment for the sum of pounds 89,500 on unjust enrichment principles, she was not entitled to a proprietary claim as against the third defendant’s bank account or its traceable proceeds.
HHJ Paul Matthew
 EWHC 3116 (Ch)
England and Wales
Cited – Wisniewski v Central Manchester Health Authority CA 1997
The court considered the effect of a party failing to bring evidence in support of its case, as regards the court drawing inferences: ‘(1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a . .
Cited – Townson v Tickell And Another 6-Nov-1819
A devisee in fee may by deed, without matter of record, disclaim the estate devised.
There is a presumption that, when a gift of property is made, the donee is presumed to accept it unless, upon learning of the gift, the recipient repudiates . .
Cited – Howard v Fingall ChD 1853
Vice-Chancellor Stuart said: ‘In order to make a valid gift, there must be perfect knowledge in the mind of the person making the gift of the extent of the beneficial interest intended to be conferred, and of which it is intended to divest oneself . .
Cited – Standing v Bowring CA 18-Dec-1885
The Plaintiff, a widow, in the year 1880, caused pounds 6000 Consols to be transferred into the joint names of herself and the Defendant, who was her godson. She did so with the express intention that the Defendant, in the event of his surviving . .
Cited – Cochrane v Moore CA 29-Apr-1890
Gift of Chattel to be Completed by Delivery
To create a gift, if it be a chattel capable of manual delivery the donor must deliver it to the donee by actually handing it over, or else do some act which in the eye of the law amounts to delivery of possession, as for example handing over some . .
Cited – Dewar v Dewar ChD 1975
The court was asked whether a payment of pounds 500 by their mother to one of two brothers who were the litigants was to be treated as a gift or as a loan. The evidence showed that the mother always intended it to be a gift, that the son wanted to . .
Cited – Meisels v Lichtman and Another QBD 9-Apr-2008
The court considered gifts to charity: ‘Where there is a dispute it seems to me that it is the intentions of the donor nor that will be crucial, rather than the more familiar exercise of ascertaining the intentions of both parties in construing the . .
Cited – In re Diplock CA 1948
S 26 of the Act of 1939 would operate to postpone the running of time in the case of an action at common law to recover money paid under a mistake of fact, and would likewise apply to an analogous claim in equity to recover money paid under a . .
Cited – Foskett v McKeown and Others HL 18-May-2000
A property developer using monies which he held on trust to carry out a development instead had mixed those monies with his own in his bank account, and subsequently used those mixed monies to pay premiums on a life assurance policy on his own life, . .
Cited – Bank of Cyprus UK Ltd v Menelaou SC 4-Nov-2015
The bank customers, now appellants, redeemed a mortgage over their property, and the property was transferred to family members, who in turn borrowed from the same lender. A bank employee simply changed the name on the mortgage. This was ineffective . .
Cited – Westdeutsche Landesbank Girozentrale v Islington London Borough Council HL 22-May-1996
Simple interest only on rate swap damages
The bank had paid money to the local authority under a contract which turned out to be ultra vires and void. The question was whether, in addition to ordering the repayment of the money to the bank on unjust enrichment principles, the court could . .
Preferred – Shalson and others v Russo and others ChD 11-Jul-2003
Rimer J doubted obiter comments of Lord Brown-Wilkinson: ‘I do not find that an easy passage. As to the first paragraph, a thief ordinarily acquires no property in what he steals and cannot give a title to it even to a good faith purchaser: both the . .
Cited – The Prudential Assurance Company Ltd v HM Revenue and Customs CA 19-Apr-2016
The issues on this appeal all relate to what have been called ‘portfolio holdings’; that is to say dividends paid on shares in foreign companies held as investments, where the investor holds less than 10 per cent of the voting power in the company . .
Mentiuoned – Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd and Others CA 29-Mar-2011
The appellant challenged a decision that it was not entitled to a proprietary interest in the proceeds of sale of some shares which had been acquired with the proceeds of a breach of trust. Specifically, the claims gave rise to (i) an issue as to . .
Cited – The Trustee of the Property of FC Jones and Sons v Jones CA 25-Apr-1996
Statute may cause the legal ownership of the bank account to change, for example on bankruptcy of the account holder or holders . .
Lists of cited by and citing cases may be incomplete.
Estoppel, Undue Influence, Evidence
Updated: 04 May 2022; Ref: scu.656364