HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Ronald William Gibbs & Ors

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Ronald William Gibbs & Ors

The Declaration of Trust dated 12 July 2012 is not authentic and was not created in 2012. Mr Gibbs is the sole legal and beneficial owner of the property. There is no basis for a constructive trust or beneficial interest for Mrs Gibbs. The claimant is entitled to an order for sale to enforce the charging order, as the debt is substantial, outstanding for over a year, and no other assets are readily available for enforcement. The property is an investment, not a home, and no third party interests outweigh the creditor's rights.

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
11 October 2024
Procedural Posture
Order for Sale (part 8 Claim) / Judgment After Trial of Application for Order for Sale
Outcome
Order for Sale granted
Legal Topics
Order for Sale, Beneficial Ownership, Constructive Trusts, Charging Orders, Enforcement of Judgments
Property Law Trusts Law Civil Procedure Order for Sale Beneficial Ownership Constructive Trusts Charging Orders Enforcement of Judgments

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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

Order for Sale (part 8 Claim) / Judgment After Trial of Application for Order for Sale

Legal Issues

  1. 1 Whether Mr Gibbs owns 36 Kings Road, Richmond, legally and beneficially
  2. 2 Authenticity of Declaration of Trust dated 12 July 2012
  3. 3 Whether a constructive trust arises in favour of Mrs Gibbs

Ratio Decidendi

The Declaration of Trust dated 12 July 2012 is not authentic and was not created in 2012. Mr Gibbs is the sole legal and beneficial owner of the property. There is no basis for a constructive trust or beneficial interest for Mrs Gibbs. The claimant is entitled to an order for sale to enforce the charging order, as the debt is substantial, outstanding for over a year, and no other assets are readily available for enforcement. The property is an investment, not a home, and no third party interests outweigh the creditor's rights.

Court Disposition

Order for Sale granted

Orders

  • Order for sale of 36 Kings Road, Richmond, Surrey to enforce the charging order
  • Directions to be given as to the form of the order and costs