Patel and others v Shah and others
Patel and others v Shah and others
- 2005
- Estates Gazette [2005] 08 EG 190 (CS) .
[2005] EWCA Civ 157, 15 February 2005. The appellants (P) could not claim a beneficial interest in properties purchased jointly with the respondents (S) as they had not contributed to the shortfall between the rental income and the remortgage payments. The properties had been bought with the intention to sell them on at a profit but during the 1990s slump it had been decided to hold onto them. "Held": the appeal was dismissed. The judge accepted S's equitable defence of laches on the grounds that P had neglected to do what could have been done to assert their claim. View judgment at www.bailii.org.
[2005] EWCA Civ 157, 15 February 2005. The appellants (P) could not claim a beneficial interest in properties purchased jointly with the respondents (S) as they had not contributed to the shortfall between the rental income and the remortgage payments. The properties had been bought with the intention to sell them on at a profit but during the 1990s slump it had been decided to hold onto them. "Held": the appeal was dismissed. The judge accepted S's equitable defence of laches on the grounds that P had neglected to do what could have been done to assert their claim. View judgment at www.bailii.org.