Chan Pui Chan v Leung Kam Ho (2003) 1 FLR 23
A man promised a woman he would divorce his wife then marry her and give her a house. He was however later sent to prison for fraud. During this time the woman kept the business going on the promise of marriage and a share in the business. On his release the couple came to the UK and bought a property which was held by an offshore company, the shares in which were held 49% to the man and 51% to the woman. The property could not not be sold without the consent of both parties.
The relationship broke down and the woman brought an action for a declaration as to her beneficial interest in the property.
Held: The man had promised that the woman should have a share in the proceeds of the business and the woman had acted to her detriment in reliance on that promise. She had altered her position to her detriment in reliance on that promise and, as no specific share had been mentioned, the judge had been entitled to determine the extent of the woman's beneficial share in the two projects in question. The existence of a degree of uncertainty as to whether the man's promise extended to other projects did not lead to the conclusion that the promise relating to the two specific projects should be treated as so uncertain as to preclude the court from granting equitable relief in respect of it. Her beneficial share should be quantified as one half.
The result would have been the same in this case whether the claim had been framed in terms of proprietary estoppel or of constructive trust.
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