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 evidence established that Surjit Singh and Terence Zammit were parties to a conspiracy to defraud the claimants by misappropriating the purchase monies paid for the property, and that the arrangements constituted dishonest assistance in breach of trust. The claimants are entitled to restitution of sums received by defendants who participated in the fraud or assisted dishonestly.

Citation
[2012] EWHC 2880
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 Fraud/conspiracy/dishonest Assistance / Post Trial Judgment
Outcome
Judgment for claimants against Surjit Singh, Terence Zammit, and Freedex Limited for restitution of sums received; settlements recorded with other defendants; claims against Mrs. Zammit and Mrs. Sanghera resolved by consent orders.
Legal Topics
Conspiracy, Dishonest Assistance, Breach of Trust, Restitution, Quistclose Trust
Civil Fraud Torts Equity Property Law Conspiracy Dishonest Assistance Breach of Trust Restitution +1 more

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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 Fraud/conspiracy/dishonest Assistance / Post Trial Judgment

Legal Issues

  1. 1 Whether defendants participated in a conspiracy to defraud claimants of purchase monies for property
  2. 2 Whether defendants dishonestly assisted in breach of trust regarding misapplication of purchase monies
  3. 3 Whether claimants are entitled to restitution of sums paid under mistake

Ratio Decidendi

The evidence established that Surjit Singh and Terence Zammit were parties to a conspiracy to defraud the claimants by misappropriating the purchase monies paid for the property, and that the arrangements constituted dishonest assistance in breach of trust. The claimants are entitled to restitution of sums received by defendants who participated in the fraud or assisted dishonestly.

Court Disposition

Judgment for claimants against Surjit Singh, Terence Zammit, and Freedex Limited for restitution of sums received; settlements recorded with other defendants; claims against Mrs. Zammit and Mrs. Sanghera resolved by consent orders.

Orders

  • Surjit Singh to repay sums received from fraudulent transaction
  • Terence Zammit to repay sums received from fraudulent transaction