Snehal Dattani & Anor v Messrs Ferns Solicitors

Snehal Dattani & Anor v Messrs Ferns Solicitors

The claim for dishonest assistance against Ferns Solicitors should not have been struck out or summarily dismissed, as the question of dishonesty is arguable and requires evidence as to Mr Narayan's knowledge and beliefs; the constructive trust claim fails unless dishonesty is established.

Parties
Appellant: Snehal Dattani; Appellant: Jitesh Patel; Respondent: Messrs Ferns Solicitors
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out and Summary Judgment Orders
Outcome
Appeal allowed in part
Legal Topics
Constructive Trust, Dishonest Assistance, Strike Out, Summary Judgment
Civil Procedure Trusts and Equity Constructive Trust Dishonest Assistance Strike Out Summary Judgment

Case Brief

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Parties

Snehal Dattani

Appellant

Jitesh Patel

Appellant

Messrs Ferns Solicitors

Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out and Summary Judgment Orders

Legal Issues

  1. 1 Whether the claim against Ferns Solicitors for breach of constructive trust should be struck out.
  2. 2 Whether the claim for dishonest assistance against Ferns Solicitors should be struck out or summarily dismissed.
  3. 3 Whether knowledge of a Form K restriction constitutes actual or blind-eye knowledge sufficient for dishonest assistance liability.

Ratio Decidendi

The claim for dishonest assistance against Ferns Solicitors should not have been struck out or summarily dismissed, as the question of dishonesty is arguable and requires evidence as to Mr Narayan's knowledge and beliefs; the constructive trust claim fails unless dishonesty is established.

Court Disposition

Appeal allowed in part

Orders

  • Dishonest Assistance Strikeout Order set aside; claim to proceed to trial.
  • Constructive Trust Strikeout Order upheld as regards Argument 1; claim only proceeds if dishonesty is established.