Bains v Irshad & Anor [2025] EWHC 491 (Ch) (07 March 2025)

Bains v Irshad & Anor [2025] EWHC 491 (Ch) (07 March 2025)

The claimant failed to discharge the burden of proof to establish the existence of a continuing partnership, constructive trust, or proprietary estoppel entitling him to a share of the proceeds from the Brentwood Hotel and Stockland Street property. The evidence, including contemporaneous documents and witness testimony, did not corroborate the claimant's assertions. The partnership was found to have ended in 2011, and the claimant was bought out at remortgage. The claims based on conspiracy and estoppel were not substantiated. The claimant's evidence was unreliable and often dishonest. Accordingly, the claimant is not entitled to the relief sought.

Citation
[2025] EWHC 491 (Ch)
Parties
Claimant: Santokh Singh Bains; First Defendant: Nadira Siraj Irshad; Second Defendant: Curdworth Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2025
Procedural Posture
Partnership/property/trusts Claim / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Partnership Dissolution, Constructive Trust, Proprietary Estoppel, Unlawful Means Conspiracy, Burden of Proof, Standard of Proof, Admissibility of Evidence, Trial Bundle Procedure
Partnership Property Law Trusts Equity Partnership Dissolution Constructive Trust Proprietary Estoppel Unlawful Means Conspiracy +4 more

Case Brief

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Parties

Santokh Singh Bains

Claimant

Nadira Siraj Irshad

First Defendant

Curdworth Limited

Second Defendant

Procedural Posture

Partnership/property/trusts Claim / Final Judgment After Trial

Legal Issues

  1. 1 Existence and duration of partnership between claimant and first defendant
  2. 2 Entitlement to proceeds of Brentwood Hotel and Stockland Street property
  3. 3 Existence of constructive trust or proprietary estoppel

Ratio Decidendi

The claimant failed to discharge the burden of proof to establish the existence of a continuing partnership, constructive trust, or proprietary estoppel entitling him to a share of the proceeds from the Brentwood Hotel and Stockland Street property. The evidence, including contemporaneous documents and witness testimony, did not corroborate the claimant's assertions. The partnership was found to have ended in 2011, and the claimant was bought out at remortgage. The claims based on conspiracy and estoppel were not substantiated. The claimant's evidence was unreliable and often dishonest. Accordingly, the claimant is not entitled to the relief sought.

Court Disposition

Claim dismissed

Orders

  • Claimant's claim for share of proceeds from Brentwood Hotel and Stockland Street property dismissed.
  • Claimant's claim for repayment of initial investments dismissed.