Melissa von Westenholz & Ors. v Marcus Gregson & Anor.

Melissa von Westenholz & Ors. v Marcus Gregson & Anor.

Mark Von Westenholz held the disputed shares on express trust for the benefit of Mrs Sanders, Milly, and Rupert from July 2011. The defendants, as trustees and fiduciaries, had notice of the Sanders family's claim and, by allowing ASLG to retain the £400,000 dividend in disregard of that claim, are liable under the Guardian Trust principle and for breach of fiduciary duty. There was no dishonest assistance, nor liability under economic torts.

Parties
Claimant: Ms Melissa Von Westenholz (Personal Representative of the Estate of Mr Michael Sanders, Deceased); Claimant: Mrs Thalia Sanders; Claimant: Mr Rupert Sanders; Claimant: Ms Melissa Von Westenholz; Defendant: Mr Marcus Gregson; Defendant: Mr Daniel Evans
Jurisdiction
England and Wales
Judgment Date
21 November 2022
Procedural Posture
Civil / Judgment
Outcome
Claim allowed in part for Milly, Rupert, and Mrs Sanders; other claims dismissed.
Legal Topics
Resulting Trust, Express Trust, Constructive Trust, Dishonest Assistance, Fiduciary Duties, Guardian Trust Principle, Economic Torts, Breach of Contract, Breach of Fiduciary Duty, Unlawful Means Conspiracy, Limitation
Trusts Equity Company Law Resulting Trust Express Trust Constructive Trust Dishonest Assistance Fiduciary Duties +6 more

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Parties

Ms Melissa Von Westenholz (Personal Representative of the Estate of Mr Michael Sanders, Deceased)

Claimant

Mrs Thalia Sanders

Claimant

Mr Rupert Sanders

Claimant

Ms Melissa Von Westenholz

Claimant

Mr Marcus Gregson

Defendant

Mr Daniel Evans

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether shares were held on trust for the Sanders family
  2. 2 Whether the defendants dishonestly assisted in breach of trust
  3. 3 Whether the defendants breached fiduciary duties

Ratio Decidendi

Mark Von Westenholz held the disputed shares on express trust for the benefit of Mrs Sanders, Milly, and Rupert from July 2011. The defendants, as trustees and fiduciaries, had notice of the Sanders family's claim and, by allowing ASLG to retain the £400,000 dividend in disregard of that claim, are liable under the Guardian Trust principle and for breach of fiduciary duty. There was no dishonest assistance, nor liability under economic torts.

Court Disposition

Claim allowed in part for Milly, Rupert, and Mrs Sanders; other claims dismissed.

Orders

  • Defendants to pay equitable compensation of £400,000: £225,000 to Milly, £125,000 to Rupert, £50,000 to Mrs Sanders.
  • Interest to be paid from 25 May 2018 to date of judgment; parties to make submissions on rate and consequential matters.