ALHILFI & Anor v HUSSAIN & Ors

ALHILFI & Anor v HUSSAIN & Ors

Permission to amend the particulars of claim to plead proprietary relief based on a constructive trust is refused because the oral agreement relied upon lacks sufficient certainty and clarity to found a constructive trust; the properties are not adequately identified, and the pleadings remain muddled and hard to follow, failing to meet the legal standard for real prospects of success.

Parties
Claimant: Alhilfi; Claimant: Omniyat; Defendant: Hussain; Defendant: Autotrade London Ltd; Defendant: AFH Properties Ltd; Defendant: Amal Suhail Abd Reda
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Civil / Application for Permission to Amend Particulars of Claim
Outcome
permission to amend particulars of claim to plead constructive trust refused; permission granted for other amendments
Legal Topics
Constructive Trusts, Proprietary Claims, Amendment of Pleadings, Certainty of Agreements
Property Law Trusts Law Civil Procedure Constructive Trusts Proprietary Claims Amendment of Pleadings Certainty of Agreements

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Parties

Alhilfi

Claimant

Omniyat

Claimant

Hussain

Defendant

Autotrade London Ltd

Defendant

AFH Properties Ltd

Defendant

Amal Suhail Abd Reda

Defendant

Procedural Posture

Civil / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the amended particulars of claim plead a constructive trust with sufficient certainty to have real prospects of success
  2. 2 Whether permission should be granted to amend the particulars of claim to include proprietary relief based on a constructive trust

Ratio Decidendi

Permission to amend the particulars of claim to plead proprietary relief based on a constructive trust is refused because the oral agreement relied upon lacks sufficient certainty and clarity to found a constructive trust; the properties are not adequately identified, and the pleadings remain muddled and hard to follow, failing to meet the legal standard for real prospects of success.

Court Disposition

permission to amend particulars of claim to plead constructive trust refused; permission granted for other amendments

Orders

  • Claimants refused permission to amend particulars of claim to plead proprietary relief based on constructive trust
  • Claimants granted permission for remaining amendments to particulars of claim