Q.1As noted above Gru has one daughter, Ezmerelda. A keen amateur mathematician, Ezmerelda had forged a successful career in the City of London as a banker.
Ezmerelda Bendybatch and Julie Schwarz have been in a relationship for two decades. During this period, they took up occupancy in Carfax House, New Brighton. The house, which cost £3,000,000, was purchased by Ezmerelda in 2006 and conveyed into her and Julie’s joint names. £2,000,000 of the purchase price came from Ezmerelda’s high yield savings account at Routts Bank plc. The remaining £1,000,000 was provided by way of mortgage which as paid by both Julie and Ezmerelda.
In addition to Carfax House, the couple own a broad range of property. The couple own six buy-to-let properties in Bootle. These had also been conveyed into their joint names, even though Ezmerelda had provided the £700,000 required to buy the terrace houses.
They couple also owned a coastal cottage which was purchased in 2012. Despite Ezmerelda paying the whole £150,000 purchase price, the cottage was conveyed in to Julie’s sole name. Since the purchase of the cottage in 2012 Julie has redecorated the cottage throughout and has also landscaped the small courtyard at the rear of the cottage.
In 2018 Ezmerelda and Julie ended their relationship after a prolonged period of difficulty. It appeared that they had simply fallen out of love. It later transpired that Julie had been having an illicit affair with a neighbour.
Heartbroken and furious, Ezmerelda demands to know how she stands in relation to ownership of the properties mentioned above. Advise Ezmerelda as to the ownership interests in this “cohabitation” section.
Please advise the parties as to the beneficial ownership of their numerous properties.
Q.2 “The court gives specific performance, instead of damages, only where it can by that means do more and complete justice.”
Per Lord Selbourne LC in Wilson v Northampton and Banbury Junction Rly co (1874) 9 Ch App 279, at 284.
Critically analyse the above statement, with reference to primary and secondary authority.
Do you need help with this assignment or any other? We got you! Place your order and leave the rest to our experts.