Prescott Place Freeholder Ltd & Ors v Batin & Anor [2023] EWHC 435 (Ch) (03 March 2023)

Prescott Place Freeholder Ltd & Ors v Batin & Anor [2023] EWHC 435 (Ch) (03 March 2023)

It is an abuse of process for D2 to assert a beneficial interest in the property under a constructive trust or the 2014 Trust Deed, as these arguments should have been raised in the County Court or FTT proceedings. D2 is not barred from asserting rights under the Equitable Leases, but the court is critical of the timing and conduct surrounding their grant.

Citation
[2023] EWHC 435 (Ch)
Parties
Claimant: Prescott Place Freeholder Limited; Claimant: Thomas Philip Threlfall; Claimant: Ben Freeman; Claimant: Elena Blanca Baccini; Claimant: Kimberley Sum; Claimant: Esther Carragher; Claimant: Anne Camilla Frances Darling; Claimant: Edwina Mary Gillian Barker; Defendant: Constantin Batin; Defendant: Joseph Donovan
Jurisdiction
England and Wales
Judgment Date
03 March 2023
Procedural Posture
Part 8 Claim (injunction/property Trusts) / High Court Trial After County Court and FTT Proceedings
Outcome
D2 is barred from asserting a beneficial interest under a constructive trust or the 2014 Trust Deed by abuse of process. D2 may assert rights under the Equitable Leases, but the court is critical of the conduct.
Legal Topics
Right of First Refusal, Res Judicata, Constructive Trusts, Equitable Leases, Abuse of Process, Land Registration, Injunctions
Property Law Trusts Law Landlord and Tenant Law Civil Procedure Right of First Refusal Res Judicata Constructive Trusts Equitable Leases +3 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 4
Sign in to unlock

Parties

Prescott Place Freeholder Limited

Claimant

Thomas Philip Threlfall

Claimant

Ben Freeman

Claimant

Elena Blanca Baccini

Claimant

Kimberley Sum

Claimant

Esther Carragher

Claimant

Anne Camilla Frances Darling

Claimant

Edwina Mary Gillian Barker

Claimant

Constantin Batin

Defendant

Joseph Donovan

Defendant

Procedural Posture

Part 8 Claim (injunction/property Trusts) / High Court Trial After County Court and FTT Proceedings

Legal Issues

  1. 1 Whether D2's claims to a beneficial interest or equitable leases are barred by abuse of process (Henderson v Henderson) or res judicata
  2. 2 Whether the 2014 Trust Deed and constructive trust arguments should have been raised in earlier proceedings
  3. 3 Whether the Equitable Leases granted after the Section 19 Order are binding on the Claimants

Ratio Decidendi

It is an abuse of process for D2 to assert a beneficial interest in the property under a constructive trust or the 2014 Trust Deed, as these arguments should have been raised in the County Court or FTT proceedings. D2 is not barred from asserting rights under the Equitable Leases, but the court is critical of the timing and conduct surrounding their grant.

Court Disposition

D2 is barred from asserting a beneficial interest under a constructive trust or the 2014 Trust Deed by abuse of process. D2 may assert rights under the Equitable Leases, but the court is critical of the conduct.

Orders

  • D2's claims to a beneficial interest under a trust or the 2014 Trust Deed are struck out as an abuse of process.
  • D2 is permitted to assert claims under the Equitable Leases.