Southwell v Blackburn [2014] EWCA Civ 1347

WTLR Issue: January/February 2015 #146

DAVID ROY SOUTHWELL

V

CATHERINE MARIE BLACKBURN

Analysis

In 2002, the appellant and the respondent set up home together in a house in Droitwich. They remained unmarried. The property was purchased in the appellant’s sole name with his money alone, and he took on sole responsibility for the mortgage. On the breakdown of their relationship, the respondent claimed that the appellant held the property was held by him on constructive trust for both parties in equal shares. That claim failed before His Honour Judge Pearce-Higgins QC, but her alternative proprietary estoppel claim succeeded. The respondent was awarded £28,500 in satisfaction of the equity. The appellant appealed on three grounds.

Counsel details

Counsel Ashley Wynne (No 5 Chambers, Fountain Court, Steelhouse Lane, Birmingham B4 6DR, tel 0845 210 5555, e-mail info@no5.com) instructed by Harrison Clark Rickerbys Limited (Ellenborough House, Wellington Street, Cheltenham GL50 1YD, tel 01242 224 422) for the appellant.

Cheryl Jones (3 Paper Buildings, Temple, London EC4Y 7EU, tel 020 7583 8055) instructed by Quality Solicitors Parkinson Wright (Haswell House, St Nicholas Street, Worcester WR1 1UN, tel 01905 726 789, e-mail worcester@parkinsonwright.co.uk) for the respondent.