Von Westenholz & Ors v Gregson & Anor [2022] EWHC 2947 (Ch) (21 November 2022)

Von Westenholz & Ors v Gregson & Anor [2022] EWHC 2947 (Ch) (21 November 2022)

The court found that 60,000 shares were held on resulting trust for Mr Sanders, and from 12 July 2011, an express trust existed over 80,000 shares in favour of Mrs Sanders, Milly, and Rupert. There was no constructive trust. The defendants did not dishonestly assist in any breach of trust, nor were the economic torts made out. The claims for breach of trust and economic torts failed against the defendants.

Citation
[2022] EWHC 2947 (Ch)
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
Chancery Division Business List (ch D) / Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Resulting Trusts, Express Trusts, Constructive Trusts, Dishonest Assistance, Economic Torts, Breach of Fiduciary Duty, Shareholder Rights
Equity and Trusts Company Law Tort Law Resulting Trusts Express Trusts Constructive Trusts Dishonest Assistance Economic Torts +2 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

Chancery Division Business List (ch D) / Judgment After Trial

Legal Issues

  1. 1 Whether shares in ASLG were held on trust for the Sanders family
  2. 2 Whether defendants dishonestly assisted in breach of trust
  3. 3 Whether economic torts were committed by defendants

Ratio Decidendi

The court found that 60,000 shares were held on resulting trust for Mr Sanders, and from 12 July 2011, an express trust existed over 80,000 shares in favour of Mrs Sanders, Milly, and Rupert. There was no constructive trust. The defendants did not dishonestly assist in any breach of trust, nor were the economic torts made out. The claims for breach of trust and economic torts failed against the defendants.

Court Disposition

Claims dismissed

Orders

  • All claims against Mr Gregson and Mr Evans are dismissed.
  • No order for payment of the £400,000 dividend to claimants.