Kirill Ace Stein v Eugene Jaffe
The claimant failed to establish, on the balance of probabilities, that Mr Anisimov objectively intended to create an express bare trust over the USD2 million payment for Mr Stein. The evidence did not demonstrate sufficiently clear intention to constitute a trust, and the payment was at Pumula's free disposal. Accordingly, no trust arose and the claim for breach of trust must be dismissed.
- Parties
- Claimant: Kirill Ace Stein; Defendant: Eugene Jaffe
- Jurisdiction
- England and Wales
- Judgment Date
- 19 September 2025
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Express Trusts, Bare Trusts, Intention to Create Trust, Breach of Trust, Limitation, Laches, Nominee Appointment
Case Brief
Summary, issues, holding and outcome
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Parties
Kirill Ace Stein
Claimant
Eugene Jaffe
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether an express bare trust was created over the USD2 million payment for the benefit of Mr Stein
- 2 Whether Mr Jaffe breached duties as trustee
- 3 Whether the claim is time barred or defeated by laches
Ratio Decidendi
The claimant failed to establish, on the balance of probabilities, that Mr Anisimov objectively intended to create an express bare trust over the USD2 million payment for Mr Stein. The evidence did not demonstrate sufficiently clear intention to constitute a trust, and the payment was at Pumula's free disposal. Accordingly, no trust arose and the claim for breach of trust must be dismissed.
Court Disposition
Claim dismissed
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