HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs & Ors [2023] EWHC 3183 (Ch) (05 December 2023)

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs & Ors [2023] EWHC 3183 (Ch) (05 December 2023)

The Declaration of Trust dated 12 July 2012 is not authentic and Mr Gibbs owns the property legally and beneficially. No constructive trust arises in favour of Mrs Gibbs. The claimant is entitled to an order for sale to enforce the charging order, given the size of the debt, Mr Gibbs' conduct, and absence of competing beneficial interests.

Citation
[2023] EWHC 3183 (Ch)
Parties
Claimant: HRH Princess Deema bint Sultan bin Abdulaziz Al Saud; First Defendant: Ronald William Gibbs; Second Defendant: Sandra Dawn Gibbs; Third Defendant: Francesca Danielle Gibbs; Fourth Defendant: Alexander James Gibbs; Fifth Defendant: Saskia Coralie Gibbs
Jurisdiction
England and Wales
Judgment Date
05 December 2023
Procedural Posture
Part 8 Claim / Trial Judgment
Outcome
Order for sale granted
Legal Topics
Order for Sale, Beneficial Ownership, Constructive Trust, Charging Order, Declaration of Trust, Enforcement of Judgment, Disclosure, Abuse of Process
Property Law Trusts Civil Procedure Order for Sale Beneficial Ownership Constructive Trust Charging Order Declaration of Trust +3 more

Case Brief

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Parties

HRH Princess Deema bint Sultan bin Abdulaziz Al Saud

Claimant

Ronald William Gibbs

First Defendant

Sandra Dawn Gibbs

Second Defendant

Francesca Danielle Gibbs

Third Defendant

Alexander James Gibbs

Fourth Defendant

Saskia Coralie Gibbs

Fifth Defendant

Procedural Posture

Part 8 Claim / Trial Judgment

Legal Issues

  1. 1 Did Mr Gibbs own 36 Kings Road wholly legally and beneficially?
  2. 2 Is the Declaration of Trust dated 12 July 2012 authentic?
  3. 3 Should a constructive trust be imposed in favour of Mrs Gibbs?

Ratio Decidendi

The Declaration of Trust dated 12 July 2012 is not authentic and Mr Gibbs owns the property legally and beneficially. No constructive trust arises in favour of Mrs Gibbs. The claimant is entitled to an order for sale to enforce the charging order, given the size of the debt, Mr Gibbs' conduct, and absence of competing beneficial interests.

Court Disposition

Order for sale granted

Orders

  • Order for sale of 36 Kings Road, Richmond, Surrey to enforce the charging order.
  • Costs to be determined.