Mary Shovlin v Site Civils and Surfacing Ltd & Anor

Mary Shovlin v Site Civils and Surfacing Ltd & Anor

Mrs Shovlin failed to prove, on the balance of probabilities, that Austin Fergus acted in breach of trust without her authority or informed consent. Even if there was a breach, the Defendants did not have the requisite knowledge to make their receipt unconscionable. No liability for knowing receipt, dishonest assistance, account of profits, or proprietary tracing remedy was established.

Parties
Claimant: Mary Shovlin; First Defendant: Site Civils and Surfacing Ltd; Second Defendant: George Crosby
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Breach of Trust, Knowing Receipt, Dishonest Assistance, Proprietary Tracing, Account of Profits
Trusts Equity Civil Procedure Breach of Trust Knowing Receipt Dishonest Assistance Proprietary Tracing Account of Profits

Case Brief

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Parties

Mary Shovlin

Claimant

Site Civils and Surfacing Ltd

First Defendant

George Crosby

Second Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether Austin Fergus acted in breach of trust in advancing £645,000 to SCS
  2. 2 Whether SCS and/or George Crosby were knowing recipients or dishonest assisters
  3. 3 Whether SCS is liable to account for profits made on sale of Mercury Way Land

Ratio Decidendi

Mrs Shovlin failed to prove, on the balance of probabilities, that Austin Fergus acted in breach of trust without her authority or informed consent. Even if there was a breach, the Defendants did not have the requisite knowledge to make their receipt unconscionable. No liability for knowing receipt, dishonest assistance, account of profits, or proprietary tracing remedy was established.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed in its entirety.