Knowlden v Tehrani & Ors

Knowlden v Tehrani & Ors

Mr Knowlden is entitled to beneficial ownership of 43 Graham Terrace as he was induced to transfer property into Triumph Trading by Ms Tehrani’s fraudulent representations. The trust deed is not binding due to fraud. He is not entitled to a beneficial interest in Cae Haidd Bach as the purported sale was a sham and no purchase money resulting trust arises. The doctrine of illegality does not bar Mr Knowlden’s claim as he does not need to rely on any unlawful conduct to establish his property rights.

Parties
Claimant: Richard Paul Knowlden; First Defendant: Simin Nafis Tehrani; Second Defendant: Stephen Puleston Williams; Third Defendant: Triumph Trading Company Limited; Fourth Defendant: Bobbetts Mackan
Jurisdiction
England and Wales
Judgment Date
23 January 2008
Procedural Posture
Civil / Judgment
Outcome
Claim for beneficial ownership of 43 Graham Terrace succeeds; claim for Cae Haidd Bach fails; other relief largely conceded or agreed.
Legal Topics
Resulting Trusts, Beneficial Ownership, Fraudulent Misrepresentation, Breach of Fiduciary Duty, Illegality Doctrine, Conspiracy to Defraud, Negligence, Conversion, Declarations of Trust
Property Law Trusts Fraud Contract Law Equity Resulting Trusts Beneficial Ownership Fraudulent Misrepresentation +6 more

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Parties

Richard Paul Knowlden

Claimant

Simin Nafis Tehrani

First Defendant

Stephen Puleston Williams

Second Defendant

Triumph Trading Company Limited

Third Defendant

Bobbetts Mackan

Fourth Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Knowlden is entitled to beneficial ownership of 43 Graham Terrace
  2. 2 Whether Mr Knowlden is entitled to a beneficial interest in Cae Haidd Bach
  3. 3 Whether Triumph Trading and the Silver Owl Trust were established as vehicles for fraud

Ratio Decidendi

Mr Knowlden is entitled to beneficial ownership of 43 Graham Terrace as he was induced to transfer property into Triumph Trading by Ms Tehrani’s fraudulent representations. The trust deed is not binding due to fraud. He is not entitled to a beneficial interest in Cae Haidd Bach as the purported sale was a sham and no purchase money resulting trust arises. The doctrine of illegality does not bar Mr Knowlden’s claim as he does not need to rely on any unlawful conduct to establish his property rights.

Court Disposition

Claim for beneficial ownership of 43 Graham Terrace succeeds; claim for Cae Haidd Bach fails; other relief largely conceded or agreed.

Orders

  • Mr Knowlden declared sole beneficial owner of 43 Graham Terrace (leasehold and freehold)
  • Munster Road declared beneficially owned by Mr Knowlden