Margarita Hamilton v Her Majesty's Attorney-General & Ors.

Margarita Hamilton v Her Majesty's Attorney-General & Ors.

The legal estate in Walton Castle did not automatically revest in WPL upon its restoration to the Guernsey register; English law governs devolution of English land, and the legal estate vested in the Crown subject to the trust. MH, as holder of the majority beneficial interest (or at minimum a substantial equitable charge), has standing to seek a vesting order. The Court, exercising its discretion under section 44(ii)(c) of the Trustee Act 1925, found it just and pragmatic to vest legal title in MH, considering her interest, occupation, and ability to refinance, rather than restoring the status quo ante by vesting in WPL.

Parties
Claimant (pt 2020 000698): Margarita Hamilton; First Defendant (pt 2020 000698) / Defendant (pt 2021 000761): Her Majesty’s Attorney-General; Second Defendant (pt 2020 000698) / Joint Trustee in Bankruptcy of Roderic Alexander Innes Hamilton: Ed Thomas; Third Defendant (pt 2020 000698) / Joint Trustee in Bankruptcy of Roderic Alexander Innes Hamilton: Matthew Carter; Claimant (pt 2021 000761): Walton Properties Limited
Jurisdiction
England and Wales
Judgment Date
12 August 2022
Procedural Posture
Civil (property/trusts) / Judgment After Contested Hearing
Outcome
Vesting order granted in favour of Margarita Hamilton
Legal Topics
Vesting Orders, Dissolution and Restoration of Foreign Companies, Devolution of Real Property, Trustee Act 1925 Section 44, Law of Property Act 1925 Section 181, Standing to Seek Vesting Order
Property Law Trusts and Equity Insolvency Vesting Orders Dissolution and Restoration of Foreign Companies Devolution of Real Property Trustee Act 1925 Section 44 Law of Property Act 1925 Section 181 +1 more

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Parties

Margarita Hamilton

Claimant (pt 2020 000698)

Her Majesty’s Attorney-General

First Defendant (pt 2020 000698) / Defendant (pt 2021 000761)

Ed Thomas

Second Defendant (pt 2020 000698) / Joint Trustee in Bankruptcy of Roderic Alexander Innes Hamilton

Matthew Carter

Third Defendant (pt 2020 000698) / Joint Trustee in Bankruptcy of Roderic Alexander Innes Hamilton

Walton Properties Limited

Claimant (pt 2021 000761)

Procedural Posture

Civil (property/trusts) / Judgment After Contested 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

The legal estate in Walton Castle did not automatically revest in WPL upon its restoration to the Guernsey register; English law governs devolution of English land, and the legal estate vested in the Crown subject to the trust. MH, as holder of the majority beneficial interest (or at minimum a substantial equitable charge), has standing to seek a vesting order. The Court, exercising its discretion under section 44(ii)(c) of the Trustee Act 1925, found it just and pragmatic to vest legal title in MH, considering her interest, occupation, and ability to refinance, rather than restoring the status quo ante by vesting in WPL.

Court Disposition

Vesting order granted in favour of Margarita Hamilton

Orders

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