Jones V. Padavatton

JONES v. PADAVATTON.

COURT OF APPEAL, CIVIL DIVISION

[1969] 2 All ER 616, [1969] 1 WLR 328

29 November 1968

INTRODUCTION: 

Appeal. The mother, Violet Lalgee Jones, appealed against an order of His Honour JUDGE Dow made in the Clerkenwell County Court on 11th March 1968, adjudging that a legally enforceable agreement existed between the mother and Ruby Padavatton, the daughter, as had been alleged in the daughter's amended defence and counterclaim and referring the quantum of the counterclaim to the registrar. The grounds of the mother's appeal were: (i) that the judge misdirected himself in holding that there had been between the parties the intention that legal relations should be created between them; (ii) that the judge misdirected himself in holding that that agreement was not void for uncertainty; (iii) that the judge's conclusions were not supported by the evidence; (iv) that the judge mistakenly failed to give any or any sufficient weight to the evidence given by or on behalf of the mother; and (v) that the judge misdirected himself in holding that the daughter was entitled to remain in occupation of the mother's house for an indefinite and an unspecified period of time. The daughter served a notice of cross-appeal indicating that she intended to contend at the hearing of the mother's appeal in the event of that appeal being allowed that the judgment of the judge in the county court be varied by adding the following words at the end of the part relating to such reference: "But so that only sums expended by way of maintenance prior to the 25th August 1967 shall be treated as allowable expenditure by [the daughter] in assessing the said quantum of the Counterclaim". The grounds of the contention were that even if the agreement between the mother and the daughter was not legally enforceable every appropriation and expenditure of the net rents therein referred to by way of maintenance of the daughter and her son constituted a gift by the...