Meisels v Lichtman & Anor

Meisels v Lichtman & Anor

The sums transferred by the Claimant to YLJT were not intended as gifts but as loans, evidenced by the written agreement and surrounding circumstances; the Claimant is entitled to repayment from the trustees.

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 / Final Judgment
Outcome
Judgment for the Claimant
Legal Topics
Loan Vs Gift, Trustee Liability, Charitable Donations, Interpretation of Agreements
Contract Law Charity Law Trusts Loan Vs Gift Trustee Liability Charitable Donations Interpretation of Agreements

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Parties

Moishe Meisels

Claimant

Menachem Lichtman

First Defendant

Berish Berger

Second Defendant

Solomon Weiss

Third Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the sums transferred by the Claimant to YLJT were loans or gifts
  2. 2 Whether the Claimant or his companies are entitled to repayment
  3. 3 Trustee liability for repayment of sums received

Ratio Decidendi

The sums transferred by the Claimant to YLJT were not intended as gifts but as loans, evidenced by the written agreement and surrounding circumstances; the Claimant is entitled to repayment from the trustees.

Court Disposition

Judgment for the Claimant

Orders

  • The Claimant is entitled to recover the sums transferred (£120,433.39 and £202,407.95) from the Defendants, plus interest from the date the loans should have been repaid.
  • Trustees are personally liable for repayment.