Gore & Anor v Mishcon de Reya [2015] EWHC 164 (Ch) (30 January 2015)

Gore & Anor v Mishcon de Reya [2015] EWHC 164 (Ch) (30 January 2015)

The claimants failed to prove that the funds were held by Mishcon de Reya on trust for them under a Quistclose trust, as the objective intention was that the funds were at the free disposal of Mr Shephard. There was no evidence that Mr Steele acted dishonestly or was party to any conspiracy. Mishcon de Reya is not vicariously liable for the losses suffered by the claimants. The claims are dismissed.

Citation
[2015] EWHC 164 (Ch)
Parties
Claimant: Patrick Brian Gore; Claimant: Allied Developments (Europe) Limited; Defendant: Mishcon de Reya
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Civil (chancery Division) / Trial Judgment
Outcome
Claims dismissed
Legal Topics
Quistclose Trusts, Vicarious Liability, Dishonest Assistance, Conspiracy, Solicitors' Duties
Trusts Professional Negligence Fraud Quistclose Trusts Vicarious Liability Dishonest Assistance Conspiracy Solicitors' Duties

Case Brief

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Parties

Patrick Brian Gore

Claimant

Allied Developments (Europe) Limited

Claimant

Mishcon de Reya

Defendant

Procedural Posture

Civil (chancery Division) / Trial Judgment

Legal Issues

  1. 1 Whether Mishcon de Reya held funds on trust for the claimants under a Quistclose trust
  2. 2 Whether Mishcon de Reya is vicariously liable for dishonest assistance or conspiracy by its partner, Mr Steele
  3. 3 Whether the claimants are entitled to recover losses from Mishcon de Reya

Ratio Decidendi

The claimants failed to prove that the funds were held by Mishcon de Reya on trust for them under a Quistclose trust, as the objective intention was that the funds were at the free disposal of Mr Shephard. There was no evidence that Mr Steele acted dishonestly or was party to any conspiracy. Mishcon de Reya is not vicariously liable for the losses suffered by the claimants. The claims are dismissed.

Court Disposition

Claims dismissed

Orders

  • All claims against Mishcon de Reya are dismissed.