Lucie Wood Success in Proprietary Estoppel and Constructive Trust Case.

Lucie Wood was recently successful on a Business and Property case, which has been the subject of litigation for over two years. The case was finally resolved by way of a successful strike out and summary judgment application on behalf of the Claimant.

The case was listed for a two-day trial to determine whether the Defendant could establish that declarations should be made in her favour entitling her to a share of the beneficial interest in a property, amongst other things, on the basis of proprietary estoppel and/or constructive trust or whether an order for possession of the said property should be made in favour of the Claimant, the registered proprietor of the property.

Following the Defendant’s default in respect of a directions order, an application was made for strike out and/or summary judgment. Lucie Wood represented the Claimant at the hearing and successfully persuaded the Court that it was proportionate to strike out the Defendant’s Defence and Counterclaim and that the Defendant did not have a realistic prospect of success if the case proceeded to trial.

On that basis, the Defendant’s Defence and Counterclaim were struck out, summary judgment was entered in favour of the Claimant, who was subsequently granted an order for possession of the property and awarded his costs.

Lucie was instructed by Michael Penny at Ormrods.

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