De Muller & Anor v Harrison-Morgan

De Muller & Anor v Harrison-Morgan

The agreement between Dr Kahrmann and Mr Hawkins was to share the profit from the sale of the properties, not the beneficial interest in the properties themselves. The Estate's only right was to claim half the profit from the sale, not to the properties or proceeds held on trust. Ms Harrison-Morgan provided consideration for her payment by agreeing to vacate the property, and there was no breach of trust. The Estate's claim to the chattels succeeded except for items shown to be gifts. The counterclaim failed for lack of evidence of a binding contract.

Parties
Claimant: Christiane de Muller; Claimant: Alice Kahrmann; Defendant: Hilary Harrison-Morgan
Jurisdiction
England and Wales
Judgment Date
24 July 2018
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for recovery of £2.2m dismissed; claim for chattels succeeds in part; counterclaim dismissed.
Legal Topics
Constructive Trust, Breach of Trust, Recovery of Assets, Chattels, Counterclaim, Duress, Consideration
Trusts and Estates Property Law Constructive Trust Breach of Trust Recovery of Assets Chattels Counterclaim Duress +1 more

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Parties

Christiane de Muller

Claimant

Alice Kahrmann

Claimant

Hilary Harrison-Morgan

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Ms Harrison-Morgan was entitled to receive £2.2m from the sale of 38 Wilton Crescent and 38 Belgrave Mews North
  2. 2 Whether the Estate was entitled to recover chattels removed by Ms Harrison-Morgan
  3. 3 Whether Ms Harrison-Morgan's counterclaim for proceeds of Kandili and a £200,000 loan should succeed

Ratio Decidendi

The agreement between Dr Kahrmann and Mr Hawkins was to share the profit from the sale of the properties, not the beneficial interest in the properties themselves. The Estate's only right was to claim half the profit from the sale, not to the properties or proceeds held on trust. Ms Harrison-Morgan provided consideration for her payment by agreeing to vacate the property, and there was no breach of trust. The Estate's claim to the chattels succeeded except for items shown to be gifts. The counterclaim failed for lack of evidence of a binding contract.

Court Disposition

Claim for recovery of £2.2m dismissed; claim for chattels succeeds in part; counterclaim dismissed.

Orders

  • The Estate's claim to recover the payment of approximately £2.2m by 38 WC Ltd to Ms Harrison-Morgan is dismissed.
  • The Estate's claim to recover the chattels identified in Schedule 3 to the Amended Particulars of Claim succeeds, save in relation to items 9, 19 and 37.