Hamilton v Her Majesty's Attorney-General & Ors [2022] EWHC 2132 (Ch) (12 August 2022)

Hamilton v Her Majesty's Attorney-General & Ors [2022] EWHC 2132 (Ch) (12 August 2022)

English law governs the devolution of English real property held on trust by a foreign company; upon dissolution, the legal estate vests in the Crown subject to the trust and does not automatically revest in the company upon restoration. MH, as assignee or chargee of the majority beneficial interest, has standing to seek a vesting order. The Court, exercising its discretion under s.44(ii)(c) Trustee Act 1925, finds it pragmatic and just in all the circumstances to vest legal title to Walton Castle in MH rather than WPL.

Citation
[2022] EWHC 2132 (Ch)
Parties
Claimant (first Action): Margarita Hamilton; First Defendant (first Action), Defendant (second Action): Her Majesty's Attorney-General; Second Defendant (first Action), Joint Trustee in Bankruptcy of RH: Ed Thomas; Third Defendant (first Action), Joint Trustee in Bankruptcy of RH: Matthew Carter; Claimant (second Action): Walton Properties Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Competing Vesting Order Applications Under Trustee Act 1925 / Judgment After Final Hearing
Outcome
Vesting order granted in favour of Margarita Hamilton.
Legal Topics
Vesting Orders, Dissolution and Restoration of Foreign Companies, Devolution of English Real Property, Standing to Seek Vesting Order, Trustee Act 1925 S.44, Law of Property Act 1925 S.181
Trusts and Estates Property Law Insolvency Vesting Orders Dissolution and Restoration of Foreign Companies Devolution of English Real Property Standing to Seek Vesting Order Trustee Act 1925 S.44 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Margarita Hamilton

Claimant (first Action)

Her Majesty's Attorney-General

First Defendant (first Action), Defendant (second Action)

Ed Thomas

Second Defendant (first Action), Joint Trustee in Bankruptcy of RH

Matthew Carter

Third Defendant (first Action), Joint Trustee in Bankruptcy of RH

Walton Properties Limited

Claimant (second Action)

Procedural Posture

Competing Vesting Order Applications Under Trustee Act 1925 / Judgment After Final Hearing

Legal Issues

  1. 1 Effect of dissolution and restoration of a foreign registered company on English real property held on trust of land
  2. 2 Whether legal estate in Walton Castle automatically revests in WPL upon restoration
  3. 3 Standing of MH to seek a vesting order

Ratio Decidendi

English law governs the devolution of English real property held on trust by a foreign company; upon dissolution, the legal estate vests in the Crown subject to the trust and does not automatically revest in the company upon restoration. MH, as assignee or chargee of the majority beneficial interest, has standing to seek a vesting order. The Court, exercising its discretion under s.44(ii)(c) Trustee Act 1925, finds it pragmatic and just in all the circumstances to vest legal title to Walton Castle in MH rather than WPL.

Court Disposition

Vesting order granted in favour of Margarita Hamilton.

Orders

  • Legal title to Walton Castle to be vested in the name of Margarita Hamilton.