Ratnasingham v Hunt & Anor [2025] EWHC 202 (Ch) (05 February 2025)

Ratnasingham v Hunt & Anor [2025] EWHC 202 (Ch) (05 February 2025)

Claimant does not acquire a proprietary interest in properties purchased using trust asset as security if original asset remains held under same trust, but is entitled to account of profits for breach of trust where trustee uses trust asset for own benefit; executor's self-dealing constitutes breach of trust, entitling claimant to account of profits, subject to equitable considerations.

Citation
[2025] EWHC 202 (Ch)
Parties
Claimant/appellant: Vashihan Ratnasingham; Defendant/respondent: Andrew Lewis Hunt; Defendant/respondent: Kent Property Estates Ltd
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Appeal / Judgment on Appeal From County Court, Chancery List
Outcome
Appeal allowed in part; referred back to County Court for assessment of account of profits.
Legal Topics
Breach of Trust, Account of Profits, Self Dealing, Valuation of Estate Assets, Constructive Trust, Resulting Trust, Distribution of Estate, Fiduciary Duty
Trusts Property Equity Probate Breach of Trust Account of Profits Self Dealing Valuation of Estate Assets +4 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 4 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Vashihan Ratnasingham

Claimant/appellant

Andrew Lewis Hunt

Defendant/respondent

Kent Property Estates Ltd

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From County Court, Chancery List

Legal Issues

  1. 1 Whether claimant has a beneficial interest in properties acquired using trust assets as security
  2. 2 Whether claimant is entitled to an account of profits for breach of trust
  3. 3 Whether estate property was distributed at undervalue

Ratio Decidendi

Claimant does not acquire a proprietary interest in properties purchased using trust asset as security if original asset remains held under same trust, but is entitled to account of profits for breach of trust where trustee uses trust asset for own benefit; executor's self-dealing constitutes breach of trust, entitling claimant to account of profits, subject to equitable considerations.

Court Disposition

Appeal allowed in part; referred back to County Court for assessment of account of profits.

Orders

  • Case referred to County Court to assess account of profits arising from breach of trust by Kent Property Estates Ltd in using Northdown as security for Albion acquisition.
  • Case referred to County Court to assess account of profits arising from breach of trust by executor in self-dealing with Folkestone Road property.