Alhilfi & Anor v Hussain & Ors [2022] EWHC 2150 (Ch) (29 July 2022)

Alhilfi & Anor v Hussain & Ors [2022] EWHC 2150 (Ch) (29 July 2022)

The amended particulars of claim fail to plead an oral agreement or constructive trust with sufficient certainty as to the subject properties and terms. The lack of clarity and inconsistency in the pleaded case means the claim for proprietary relief based on a constructive trust has no real prospect of success and permission to amend is refused for that part of the claim.

Citation
[2022] EWHC 2150 (Ch)
Parties
Claimants: Alhilfi and another; Defendants: Hussain and others
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Civil Chancery / Application for Permission to Amend Particulars of Claim
Outcome
Permission to amend particulars of claim to plead constructive trust refused; permission granted for other non-objectionable amendments.
Legal Topics
Constructive Trusts, Certainty of Contract, Amendment of Pleadings, Proprietary Relief, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Section 53 Law of Property Act 1925
Equity and Trusts Property Law Civil Procedure Constructive Trusts Certainty of Contract Amendment of Pleadings Proprietary Relief Section 2 Law of Property (miscellaneous Provisions) Act 1989 +1 more

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Parties

Alhilfi and another

Claimants

Hussain and others

Defendants

Procedural Posture

Civil Chancery / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the amended particulars of claim plead a constructive trust with sufficient certainty to have a real prospect of success
  2. 2 Whether permission should be granted to amend the particulars of claim to include proprietary relief based on a constructive trust

Ratio Decidendi

The amended particulars of claim fail to plead an oral agreement or constructive trust with sufficient certainty as to the subject properties and terms. The lack of clarity and inconsistency in the pleaded case means the claim for proprietary relief based on a constructive trust has no real prospect of success and permission to amend is refused for that part of the claim.

Court Disposition

Permission to amend particulars of claim to plead constructive trust refused; permission granted for other non-objectionable amendments.

Orders

  • Claimants to produce a revised draft of the particulars of claim omitting the constructive trust claim and provide it to the defendants.
  • Any remaining issues regarding the amendments to be referred to the judge for determination in writing.