Ali v Al-Basri & Anor

Ali v Al-Basri & Anor

The sums paid by the Claimant to the First Defendant were held on trust and not as a loan. The Defendants hold the properties Sullivan Court, Wendover Court, Waverley Gardens, and Copley Close on trust for the Claimant to the extent of her contributions. The Second Defendant is liable as a constructive trustee, having knowledge of the source and nature of the funds. The Defendants have not accounted for all sums received, and the Claimant is entitled to an account of profits and a money judgment for the unaccounted balance. The claim for jewellery fails for lack of proof.

Parties
Claimant: Souad Ali; First Defendant: Akeel Al-Basri; Second Defendant: Lindsey Al-Basri
Jurisdiction
England and Wales
Judgment Date
18 November 2004
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Constructive Trusts, Breach of Fiduciary Duty, Knowing Receipt, Account of Profits, Illegality in Equity
Trusts Property Law Equity Constructive Trusts Breach of Fiduciary Duty Knowing Receipt Account of Profits Illegality in Equity

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Parties

Souad Ali

Claimant

Akeel Al-Basri

First Defendant

Lindsey Al-Basri

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the sums paid by the Claimant to the First Defendant were held on trust or as a loan
  2. 2 Whether the Defendants hold certain properties on trust for the Claimant
  3. 3 Whether the Second Defendant is liable as a constructive trustee

Ratio Decidendi

The sums paid by the Claimant to the First Defendant were held on trust and not as a loan. The Defendants hold the properties Sullivan Court, Wendover Court, Waverley Gardens, and Copley Close on trust for the Claimant to the extent of her contributions. The Second Defendant is liable as a constructive trustee, having knowledge of the source and nature of the funds. The Defendants have not accounted for all sums received, and the Claimant is entitled to an account of profits and a money judgment for the unaccounted balance. The claim for jewellery fails for lack of proof.

Court Disposition

Claim allowed in part

Orders

  • Declaration that the Defendants hold interests in Sullivan Court, Wendover Court, Waverley Gardens, and Copley Close on trust for the Claimant to the extent of her contributions
  • Order for an account of profits derived from the properties acquired with the Claimant's funds