Paul David Allen v Khadzi-Murat Derev & Anor

The property is held in equal beneficial shares by Mr Derev and Mrs Dereva, as the respondents failed to provide credible evidence or documentation to displace the presumption of joint beneficial ownership. No exceptional circumstances exist to prevent an order for possession and sale under section 335A of the Insolvency Act 1986.

Parties: Applicant: Paul David Allen; Debtor/first Respondent: Khadzhi-Murat Derev; Second Respondent: Zukhra Mussaevna Dereva
Jurisdiction: England and Wales
Judgment Date: 09 March 2023
Procedural Posture: Application / Judgment
Outcome: Application granted
Legal Topics: Beneficial Interest, Cross Border Insolvency, Trusts of Land, Bankruptcy, Possession and Sale, Constructive Trust, Proprietary Estoppel

Insolvency Trusts Property Beneficial Interest Cross Border Insolvency Trusts of Land Bankruptcy Possession and Sale +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 5

Parties

Paul David Allen

Applicant

Khadzhi-Murat Derev

Debtor/first Respondent

Zukhra Mussaevna Dereva

Second Respondent

Procedural Posture

Application / Judgment

Legal Issues

1 Whether the beneficial interest in Flat 5, 14 Montpelier Street, London SW7 1EZ is held jointly or solely by Mrs Dereva
2 Whether the presumption of joint beneficial ownership can be displaced
3 Whether exceptional circumstances exist to prevent an order for possession and sale

Ratio Decidendi

Court Disposition

Application granted

Orders

Declaration that beneficial interest in Flat 5, 14 Montpelier Street, London SW7 1EZ is held in equal shares by Mr Derev and Mrs Dereva
Order for possession and sale of the property