The Law Society v Dua & Anor

The Law Society v Dua & Anor

The Fulmer Settlement Trust, as varied, excluded Mr and Mrs Dua from being beneficiaries, and was not illusory or a sham. The Law Society failed to prove that Mr Dua should be precluded from raising the defence by abuse of process or res judicata. Accordingly, neither Mrs Dua nor Mr Dua have any realisable beneficial interest in the properties, and the Law Society is not entitled to orders for possession and sale.

Parties
Claimant: The Law Society; Defendant: Mrs Ashoo Dua; Defendant: Mr Shashi Dua
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Charging Orders, Beneficial Interest, Res Judicata, Abuse of Process, Trusts, Rectification, Joint Ownership, Equity of Exoneration, Equitable Accounting, Order for Possession and Sale
Property Law Trusts Law Civil Procedure Charging Orders Beneficial Interest Res Judicata Abuse of Process Trusts +5 more

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Parties

The Law Society

Claimant

Mrs Ashoo Dua

Defendant

Mr Shashi Dua

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Mrs Dua has any beneficial interest in the properties subject to charging orders
  2. 2 Whether the Fulmer Settlement Trust is valid and effective to divest beneficial ownership
  3. 3 Whether res judicata or abuse of process precludes Mr Dua from raising the defence

Ratio Decidendi

The Fulmer Settlement Trust, as varied, excluded Mr and Mrs Dua from being beneficiaries, and was not illusory or a sham. The Law Society failed to prove that Mr Dua should be precluded from raising the defence by abuse of process or res judicata. Accordingly, neither Mrs Dua nor Mr Dua have any realisable beneficial interest in the properties, and the Law Society is not entitled to orders for possession and sale.

Court Disposition

claim dismissed