Oberman v Collins & Anor [2020] EWHC 3533 (Ch) (21 December 2020)

Oberman v Collins & Anor [2020] EWHC 3533 (Ch) (21 December 2020)

The court found that although there was no formal partnership, the parties had a common intention that the properties acquired during their relationship, regardless of legal title, were for their joint and equal benefit, giving rise to a constructive trust. Mr Collins was estopped from denying Ms Oberman's 50% beneficial interest. The court also found unfair prejudice in the management of Bluegen Limited and ordered relief accordingly.

Citation
[2020] EWHC 3533 (Ch)
Parties
Claimant: Nicola Oberman; First Defendant: Shaun Collins; Second Defendant: Bluegen Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Consolidated Part 7 Claim and Unfair Prejudice Petition / Post Trial Judgment
Outcome
Claim allowed in part; declarations of beneficial ownership and relief for unfair prejudice granted.
Legal Topics
Constructive Trusts, Partnerships, Unfair Prejudice, Beneficial Ownership, Shareholder Remedies
Equity and Trusts Company Law Property Law Constructive Trusts Partnerships Unfair Prejudice Beneficial Ownership Shareholder Remedies

Case Brief

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Parties

Nicola Oberman

Claimant

Shaun Collins

First Defendant

Bluegen Limited

Second Defendant

Procedural Posture

Consolidated Part 7 Claim and Unfair Prejudice Petition / Post Trial Judgment

Legal Issues

  1. 1 Whether the parties participated in a shared business endeavour amounting to a partnership
  2. 2 Whether properties were held on constructive trust for joint benefit
  3. 3 Whether Mr Collins is estopped from denying joint beneficial ownership

Ratio Decidendi

The court found that although there was no formal partnership, the parties had a common intention that the properties acquired during their relationship, regardless of legal title, were for their joint and equal benefit, giving rise to a constructive trust. Mr Collins was estopped from denying Ms Oberman's 50% beneficial interest. The court also found unfair prejudice in the management of Bluegen Limited and ordered relief accordingly.

Court Disposition

Claim allowed in part; declarations of beneficial ownership and relief for unfair prejudice granted.

Orders

  • Declaration that Ms Oberman is beneficially entitled to 50% of the relevant properties (excluding those with third party claims, subject to further proceedings)
  • Order for sale of jointly owned properties and division of proceeds