Stevenson & Anor v Singh & Ors [2012] EWHC 2880 (QB) (06 November 2012)

Stevenson & Anor v Singh & Ors [2012] EWHC 2880 (QB) (06 November 2012)

The court found that Surjit Singh and Terence Zammit were parties to a conspiracy to defraud the claimants by participating in the fraudulent scheme to misappropriate the purchase monies for the property, and that the evidence did not support their explanations. The claimants were entitled to judgment against them for the sums received. Other defendants who settled or defaulted were not further considered for liability in conspiracy but only for restitution of sums received.

Citation
[2012] EWHC 2880 (QB)
Parties
Claimant: Julian Richard Stevenson; Claimant: Sophia Tamsin Stevenson; Defendant: Surjit Singh; Defendant: Richard Michael Phillips; Defendant: Terence Zammit; Defendant: Al-Amin Rahman; Defendant: Kashim Bukar Shettima; Defendant: Haque & Hausmann (A Firm); Defendant: Mrs. S. K. Sangera; Defendant: Lesley Anne Mason; Defendant: Donna Marie Robson; Defendant: Freedex Limited
Jurisdiction
England and Wales
Judgment Date
06 November 2012
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimants against Surjit Singh and Terence Zammit for the sums received; other claims disposed of by settlement or default judgment.
Legal Topics
Conspiracy to Defraud, Dishonest Assistance, Breach of Trust, Restitution, Quistclose Trust
Civil Fraud Trusts and Equity Tort Conspiracy to Defraud Dishonest Assistance Breach of Trust Restitution Quistclose Trust

Case Brief

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Parties

Julian Richard Stevenson

Claimant

Sophia Tamsin Stevenson

Claimant

Surjit Singh

Defendant

Richard Michael Phillips

Defendant

Terence Zammit

Defendant

Al-Amin Rahman

Defendant

Kashim Bukar Shettima

Defendant

Haque & Hausmann (A Firm)

Defendant

Mrs. S. K. Sangera

Defendant

Lesley Anne Mason

Defendant

Donna Marie Robson

Defendant

Freedex Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendants conspired to defraud the claimants of the purchase price of property
  2. 2 Whether the defendants dishonestly assisted in a breach of trust
  3. 3 Whether the claimants are entitled to restitution of monies paid under a mistake

Ratio Decidendi

The court found that Surjit Singh and Terence Zammit were parties to a conspiracy to defraud the claimants by participating in the fraudulent scheme to misappropriate the purchase monies for the property, and that the evidence did not support their explanations. The claimants were entitled to judgment against them for the sums received. Other defendants who settled or defaulted were not further considered for liability in conspiracy but only for restitution of sums received.

Court Disposition

Judgment for the claimants against Surjit Singh and Terence Zammit for the sums received; other claims disposed of by settlement or default judgment.

Orders

  • Surjit Singh to account for and repay the sum of £625,000 (less amounts already recovered) to the claimants.
  • Terence Zammit to account for and repay the sum of £565,000 (less amounts already recovered) to the claimants.