Meisels v Lichtman & Anor [2008] EWHC 661 (QB) (09 April 2008)

Meisels v Lichtman & Anor [2008] EWHC 661 (QB) (09 April 2008)

The court finds, on balance of probabilities, that the sums transferred by the Claimant to YLJT on 23 December 2004 were loans and not gifts, based on the written agreement, absence of receipt or acknowledgment of donation, and the conduct of the parties. The Claimant is entitled to repayment from the Defendants as trustees of YLJT.

Citation
[2008] EWHC 661 (QB)
Parties
Claimant: Moishe Meisels; First Defendant: Menachem Lichtman; Second Defendant: Berish Berger; Third Defendant: Solomon Weiss
Jurisdiction
England and Wales
Judgment Date
09 April 2008
Procedural Posture
Civil Claim for Recovery of Money / Final Judgment After Trial
Outcome
Claim allowed; judgment for the Claimant.
Legal Topics
Loan Vs Gift, Charitable Donations, Trustee Liability, Burden of Proof, Interpretation of Written Agreements
Contract Law Charity Law Trusts Loan Vs Gift Charitable Donations Trustee Liability Burden of Proof Interpretation of Written Agreements

Case Brief

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Parties

Moishe Meisels

Claimant

Menachem Lichtman

First Defendant

Berish Berger

Second Defendant

Solomon Weiss

Third Defendant

Procedural Posture

Civil Claim for Recovery of Money / Final Judgment After Trial

Legal Issues

  1. 1 Were the sums transferred by the Claimant to YLJT on 23 December 2004 loans or gifts?
  2. 2 Is the Claimant entitled to repayment from the Defendants as trustees of YLJT?
  3. 3 Does the written agreement evidence a loan or donation?

Ratio Decidendi

The court finds, on balance of probabilities, that the sums transferred by the Claimant to YLJT on 23 December 2004 were loans and not gifts, based on the written agreement, absence of receipt or acknowledgment of donation, and the conduct of the parties. The Claimant is entitled to repayment from the Defendants as trustees of YLJT.

Court Disposition

Claim allowed; judgment for the Claimant.

Orders

  • Defendants to repay the sum of £322,851.34 to the Claimant.
  • Defendants to pay accrued interest of £37,786.87 up to date of issue.