Success for Stephen Barratt after 4 day trial in petrol station ownership dispute

The matter came to trial over four days before HHJ Mitchell in Plymouth. Stephen represented the Claimant, the sole freehold owner since 2019 of the site which includes a petrol station, flat, café and residential annex.

The Defendant occupied the café and annex. Her primary case was that the she and her then husband (the Claimant’s father) wanted the property for themselves, but that they could not obtain a mortgage because they both had a bad credit rating. She claimed that the Claimant had agreed to help them by taking out a mortgage in his name, but that the property would in fact be 100% theirs. The Defendant alleged various detriments to her in reliance on the agreement and that the Claimant therefore held a 50% share of the property on constructive trust for her.

The Defendant’s alternative case was that the Claimant had granted her a 50% share of the property under a settlement agreement, a copy of which was before the court.

The Claimant’s case was supported primarily by his father, from whom the Court heard live evidence. The Defendant relied on communications contained in a large volume of WhatsApp and email correspondence, as well as a family acquaintance who said in his evidence that he had overheard a conversation whereby the Claimant had agreed to hold the property as alleged.

The Judge found that there was no such agreement and there were no documented material assurances given to the Defendant about the ownership of the property. The Claimant was the owner of the Property in every sense. The Claimant owned and operated the petrol station business (which funded the mortgage) and the Defendant had no entitlement to income from it.

The Judge further held that the Claimant had not entered into the alleged settlement agreement.

Possession was granted along with a declaration that the Defendant holds no legal or beneficial interest in the property.

Stephen was instructed by Rebecca Mabelle, head of litigation at CWC Solicitors.