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McIntosh v McIntosh (deceased) [2014] EWCA Civ 557

Mrs McIntosh was the sole owner of a property where she had lived for many years with her ex-husband. Possession proceedings brought by her estate were resisted by him on the basis of a beneficial interest by way of constructive trust or proprietary estoppel. However, earlier ancillary relief proceedings had been concluded with a consent order granting him ownership of a business (which subsequently failed). Mr McIntosh sought to set-aside the consent order on the basis that, without legal representation, his wife had 'duped' him into signing the consent order through material non-disclosure and/or undue influence. Mr McIntosh was dyslexic, had no understanding of the finances of the business and allowed Mrs McIntosh to undertake all the admin and had serviced the mortgage on the property and paid for and undertaken maintenance works on the property. Parker J refused a first appeal. And Ryder LJ refused to grant permission for a second appeal.

Michael Paget acted throughout for the estate. For press comment click here