Knight & Anor v Knight & Ors

Knight & Anor v Knight & Ors

The court found that Stephen Knight remained the beneficial owner of Close Court throughout, that the defendants were only nominal owners, and that the trust was not unenforceable for illegality or public policy reasons because no creditors were harmed and the Official Receiver took no action. The proceeds of sale are held on trust for the claimants as administrators of Stephen Knight's estate.

Parties
Claimant: Sarah Knight; Claimant: Gordon Gregory; Defendant: Richard Knight; Defendant: Lesley Anne Knight; Defendant: Megan Knight
Jurisdiction
England and Wales
Judgment Date
29 April 2019
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Resulting Trusts, Express Trusts, Illegality and Public Policy, Constructive Trusts, Beneficial Ownership, Land Registration
Trusts Property Law Bankruptcy Resulting Trusts Express Trusts Illegality and Public Policy Constructive Trusts Beneficial Ownership +1 more

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Parties

Sarah Knight

Claimant

Gordon Gregory

Claimant

Richard Knight

Defendant

Lesley Anne Knight

Defendant

Megan Knight

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the proceeds of sale of Close Court are held on trust by the defendants for the benefit of the claimants as administrators of Stephen Knight's estate
  2. 2 Whether any trust is unenforceable due to illegality or public policy

Ratio Decidendi

The court found that Stephen Knight remained the beneficial owner of Close Court throughout, that the defendants were only nominal owners, and that the trust was not unenforceable for illegality or public policy reasons because no creditors were harmed and the Official Receiver took no action. The proceeds of sale are held on trust for the claimants as administrators of Stephen Knight's estate.

Court Disposition

Claim allowed

Orders

  • Declaration that the proceeds of sale of Close Court are held on trust by the first two defendants for the benefit of the claimants as administrators of Stephen Knight's estate
  • Directions to hear counsel as to the terms of the order and consequential matters