Donnellan v Ward & Ors

Donnellan v Ward & Ors

No partnership existed between Donnellan and Ward regarding Creative House or other properties. Mrs Ward and Ms Dorobat hold their flats beneficially, not as nominees for Ward. Keane and Howard hold their flats as nominees for Ebonair, not for any partnership. The arbitration award is declaratory and enforceable only against CBA, not Ward personally. Late disclosure did not prevent a fair trial; strike out refused.

Parties
Claimant: Anthony Donnellan; Defendant: Alan Ward; Defendant: Luxap Limited; Defendant: Ebonair Investment SA; Defendant: Maureen Helen Ward; Defendant: Gabriela Elena Dorobat; Part 20 Claimant / Claimant: Ricky Alan Keane; Third Party: Ian Wilton Keen; Fourth Party: Bobi Howard
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Civil (chancery Division, Business and Property Courts) / Final Trial Judgment
Outcome
Claims by Donnellan and Keane dismissed; counterclaims by Ebonair and CBA allowed in part; strike out application dismissed.
Legal Topics
Constructive Trusts, Partnerships, Nominee Arrangements, Disclosure and Strike Out, Arbitration Award Enforcement, Possession Proceedings
Equity and Trusts Property Law Civil Procedure Arbitration Constructive Trusts Partnerships Nominee Arrangements Disclosure and Strike Out +2 more

Case Brief

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Parties

Anthony Donnellan

Claimant

Alan Ward

Defendant

Luxap Limited

Defendant

Ebonair Investment SA

Defendant

Maureen Helen Ward

Defendant

Gabriela Elena Dorobat

Defendant

Ricky Alan Keane

Part 20 Claimant / Claimant

Ian Wilton Keen

Third Party

Bobi Howard

Fourth Party

Procedural Posture

Civil (chancery Division, Business and Property Courts) / Final Trial Judgment

Legal Issues

  1. 1 Whether a partnership existed between Mr Donnellan and Mr Ward regarding Creative House and other properties
  2. 2 Whether Mrs Ward and Ms Dorobat held flats on trust for Mr Ward
  3. 3 Whether Mr Keane and Ms Howard held flats as nominees for Ebonair or a partnership

Ratio Decidendi

No partnership existed between Donnellan and Ward regarding Creative House or other properties. Mrs Ward and Ms Dorobat hold their flats beneficially, not as nominees for Ward. Keane and Howard hold their flats as nominees for Ebonair, not for any partnership. The arbitration award is declaratory and enforceable only against CBA, not Ward personally. Late disclosure did not prevent a fair trial; strike out refused.

Court Disposition

Claims by Donnellan and Keane dismissed; counterclaims by Ebonair and CBA allowed in part; strike out application dismissed.

Orders

  • Strike out application dismissed.
  • Donnellan's claim for partnership and related relief dismissed.