England and Wales Case Law

Mihir Vijay Choksi v IPS Law LLP

The construction of the BLA is sufficiently uncertain and raises real questions as to whether IPS Law LLP was bound to retain and return the funds or could act on Biodex's instructions; these issues are not suitable for summary determination and must go to trial. Arguments based on variation, acquiescence, or estoppel by the claimant are fanciful and unsupported by evidence, but the core construction issue has a realistic prospect of success for the defence.

Source excerpt

• Summary judgment
• Escrow arrangements
• Quistclose trust
• Contractual interpretation
• Variation and estoppel
• Breach of trust

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Choksi v IPS Law LLP

Choksi v IPS Law LLP [2025] EWHC 2804 (Ch) (04 November 2025)

Summary judgment was refused in a dispute over £1.5m held by solicitors in escrow, because the Bridging Loan Agreement was too uncertain to determine without trial.

• Summary judgment
• Escrow arrangements
• Quistclose trust
• Contractual construction
• Variation and estoppel
• Breach of trust

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Newsham Park Estates Limited v Dr Richard Williams

The defendant did not benefit from the £60,000 paid into his account, did not actively collude or participate in the bond arrangement, and was not enriched at the claimant's expense; no trust or restitutionary claim lies against him.

Source excerpt

• Resulting trust
• Quistclose trust
• Unjust enrichment
• Regulated activities
• Financial services and markets act
• Monies had and received

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Newsham Park Estates Ltd v Williams

Newsham Park Estates Ltd v Williams [2025] EWCC 40 (08 July 2025)

The County Court dismissed a claim for £60,000 said to have been paid for a failed bond, finding no active collusion, trust liability, or unjust enrichment.

• Quistclose trust
• Resulting trust
• Unjust enrichment
• Financial services and markets act 2000
• Regulated activities order
• Unjust-enrichment

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Eraaya Lifespaces Limited v Elara Capital Plc & Ors

The Commercial Court refused Eraaya’s mandatory injunction for release of $40m bond proceeds, joined the bondholders, and granted retrospective collateral-use permission.

• Interim mandatory injunction
• Joinder of parties
• Collateral use of documents
• Proprietary claims
• Quistclose trust
• Express trust

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Saeed Akbar v Mohammed Sajead Ghaffar & Anor

There have been serious and unremedied breaches of CPR 16.5 in the Defence, particularly regarding the proprietary claims (excluding Thackery Court and Flat 21 Bramerton). The breaches frustrate case management and obstruct the just disposal of proceedings. No good reason for non-compliance exists. The appropriate and proportionate response is to strike out paragraphs 30 to 69 of the Defence and permit judgment for the Claimant on the proprietary claims, subject to a final 14-day opportunity for the Defendants to apply to amend with a compliant draft Defence.

Source excerpt

• Strike out of defence
• Cpr 16.5 compliance
• Proprietary claims
• Quistclose trust
• Breach of fiduciary duty
• Declaratory relief

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Complete Facilities Solutions Limited v Livingston Consulting Limited & Ors.

The High Court struck out claims against director and employee defendants, and granted summary judgment, over alleged deceit, conspiracy, and related claims.

• Procuring breach of contract
• Deceit
• Conspiracy to injure
• Joint tortfeasorship
• Quistclose trust
• Summary judgment

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Complete Facilities Solutions Ltd v Livingstone Consulting Ltd & Ors

Complete Facilities Solutions Ltd v Livingstone Consulting Ltd & Ors [2023] EWHC 571 (Ch) (14 March 2023)

The High Court struck out claims against three company officers and granted summary judgment, finding no pleaded primary facts to support deceit or other wrongdoing.

• Strike out applications
• Summary judgment
• Directors' liability
• Procuring breach of contract
• Deceit
• Conspiracy to injure

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Lim & Ors v Ong & Ors

Lim & Ors v Ong & Ors [2023] EWHC 321 (Ch) (16 February 2023)

The court found for the claimants on fraud, breach of trust, knowing receipt, and accounting claims arising from property investment projects managed by Mr Ong.

• Breach of fiduciary duty
• Knowing receipt
• Constructive trust
• Quistclose trust
• Dishonest assistance
• Account of profits

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Manolete Partners Plc v Sampson Coward LLP

The High Court refused the defendant LLP’s summary judgment application on escrow-account, undertaking, and back-to-back transaction issues, leaving them for trial.

• Summary judgment
• Solicitor's undertakings
• Escrow accounts
• Beneficial ownership
• Breach of duty
• Quistclose trust

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