Karsten v Markham [2009] EWHC 3658 (Ch) (Date : 17 December 2009)

Karsten v Markham [2009] EWHC 3658 (Ch) (Date : 17 December 2009)

The court found the Claimant's evidence credible and consistent, determined payments were loans, not consideration for services, and held Defendant's evidence to be untrue and unreliable. The trust deeds and acknowledgments were valid and effective, and Defendant held the property on trust for Claimant subject to...

Source-derived case information.

Citation
[2009] EWHC 3658 (Ch)
Parties
Claimant: Moira Karsten; Defendant: Paul Markham; Defendant (pt 20 Claim): Julian Kingsbury
Jurisdiction
England and Wales
Procedural Posture
Chancery Civil Claim / Final Judgment After Trial
Outcome
Judgment for Claimant
Legal Topics
Repayment of Loans, Validity of Trust Deeds, Undue Influence, Fraudulent Transactions, Beneficial Ownership, Declarations of Trust, Bankruptcy Proceedings
Trusts Contract Property Bankruptcy Repayment of Loans Validity of Trust Deeds Undue Influence Fraudulent Transactions +3 more

Source-derived case record

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Moira Karsten

Claimant

Paul Markham

Defendant

Julian Kingsbury

Defendant (pt 20 Claim)

Procedural Posture

Chancery Civil Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether payments made by Claimant to Defendant were loans or consideration for services
  2. 2 Validity and effect of trust deeds and acknowledgments
  3. 3 Whether Defendant held property on trust for Claimant

Ratio Decidendi

The court found the Claimant's evidence credible and consistent, determined payments were loans, not consideration for services, and held Defendant's evidence to be untrue and unreliable. The trust deeds and acknowledgments were valid and effective, and Defendant held the property on trust for Claimant subject to mortgagee and trustee interests. The Kingsbury Trust Deed was found invalid and of no effect.

Court Disposition

Judgment for Claimant

Orders

  • Defendant to repay net sum of £850,000 to Claimant
  • Declaration that Defendant holds 2 Codrington Mews, London W11 on trust for Claimant subject to mortgagee and trustee in bankruptcy