Michael recently appeared in the High Court before the Honourable Mr. Justice Spencer as Counsel for the Respondent in an appeal against a decision of Recorder Lyons at a trial on 31st March 2022.
The trial concerned a claim under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 for a declaration and consequential directions regarding the beneficial interest in a property jointly owned by Ms. G and Mr. L, the Claimant and Defendant respectively.
Although the couple had jointly purchased the property Ms. G had only lived there for nine months before moving out in January 2005. From then to the date of the trial Mr. L had lived at the property and had been responsible for all of the associated bills and expenses such as the mortgage. At trial, the Recorder found that the beneficial interest in the property should be divided so as to 40% in favour of Ms. G and 60% in favour of Mr. L.
Mr. L appealed the decision to the High Court. Michael was not instructed by Ms. G for the trial and was instead brought in only at the appeal stage. Ten grounds of appeal were argued which dealt with a range of issues including the substantive decision of the Recorder as well as various case management matters which arose in the course of the trial.
In giving judgment, Spencer J. dismissed all ten of the grounds of appeal and found entirely in favour of the Respondent. Michael was also successful in securing 100% of the costs incurred by Ms. G in responding to the appeal.
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