Gangat v Jassat & Anor [2022] EWCA Civ 604 (06 May 2022)

Gangat v Jassat & Anor [2022] EWCA Civ 604 (06 May 2022)

The defendant had control of assets belonging to the claimants in circumstances where they were entitled to expect him to administer those assets for their benefit, and the Richmond Lodge Document constituted an acknowledgment of the assets held for them; therefore, the defendant was liable to account for those assets.

Source-derived case information.

Citation
[2022] EWCA Civ 604
Parties
Claimant/respondent: Anwar Gangat; Claimant/respondent: Surendra Bhawan; Defendant/appellant: Yusuf Jassat
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Account of Profits, Fiduciary Duty, Misappropriation, Trust and Confidence, Breach of Duty
Equity Trusts Fiduciary Law Account of Profits Fiduciary Duty Misappropriation Trust and Confidence Breach of Duty

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Parties

Anwar Gangat

Claimant/respondent

Surendra Bhawan

Claimant/respondent

Yusuf Jassat

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Liability

Legal Issues

  1. 1 Whether the defendant owed fiduciary duties to the claimants
  2. 2 Whether the defendant was accountable for assets listed in the Richmond Lodge Document
  3. 3 Effect of document suppression on the trial

Ratio Decidendi

The defendant had control of assets belonging to the claimants in circumstances where they were entitled to expect him to administer those assets for their benefit, and the Richmond Lodge Document constituted an acknowledgment of the assets held for them; therefore, the defendant was liable to account for those assets.

Court Disposition

Appeal dismissed

Orders

  • Defendant to account to claimants for assets and monies listed in the Richmond Lodge Document, including income, profits, proceeds of sale, and current value of the fund derived from those assets.
  • Defendant to pay claimants the sum found due on the taking of the account.