John Milsom & Anor Gerald Martin Smith & Anor

John Milsom & Anor Gerald Martin Smith & Anor

The presumption of sole beneficial ownership arising from sole legal title was not rebutted; there was no credible evidence of an express trust or common intention constructive trust, nor any detrimental reliance by Mrs Smith or her estate. The property is beneficially owned by Dr Smith and subject to the confiscation order.

Parties
Applicant: John Milsom; Applicant: David Standish; Respondent: Gerald Martin Smith; Respondent: The Estate of Phyllis Irene Smith (Deceased)
Jurisdiction
England and Wales
Judgment Date
07 February 2023
Procedural Posture
Application / Judgment
Outcome
Application granted; declaration made that the property is beneficially owned by Dr Smith and subject to the confiscation order.
Legal Topics
Confiscation Order, Beneficial Ownership, Constructive Trust, Express Trust, Burden of Proof
Criminal Law Property Law Trusts Confiscation Order Beneficial Ownership Constructive Trust Express Trust Burden of Proof

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Parties

John Milsom

Applicant

David Standish

Applicant

Gerald Martin Smith

Respondent

The Estate of Phyllis Irene Smith (Deceased)

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the property at 137 Cavendish Meads, Ascot, is beneficially owned by Dr Gerald Martin Smith or by the estate of Phyllis Irene Smith for purposes of a confiscation order

Ratio Decidendi

The presumption of sole beneficial ownership arising from sole legal title was not rebutted; there was no credible evidence of an express trust or common intention constructive trust, nor any detrimental reliance by Mrs Smith or her estate. The property is beneficially owned by Dr Smith and subject to the confiscation order.

Court Disposition

Application granted; declaration made that the property is beneficially owned by Dr Smith and subject to the confiscation order.

Orders

  • Declaration that the property at 137 Cavendish Meads, Ascot, is beneficially owned by Dr Gerald Martin Smith and is subject to the confiscation order made by the Crown Court.