Our Dispute Resolution Team’s Lee Silk and Jack Plummer were recently successful at a five-day trial in a claim for a loan advanced in December 2015 for in excess of £1.2million, used to purchase a family home in Oxfordshire. Curzon Green acted for the Husband’s parents who intervened in a divorce to bring their claim for sums due in accordance with the loan.
Following a matrimonial breakdown in early 2022, the Husband and Wife defaulted on the loan. Pre-action correspondence was exchanged with the Wife and the Husband through Curzon Green. The Husband admitted the loan was repayable in full. The Wife asserted that the loan advanced by the Husband’s parents was in fact an outright gift and/or advanced as part of an inter-generational transfer of the Husband’s inheritance. The Wife also asserted that a declaration of trust which determined the Husband’s and his parents’ beneficial interest in an investment property in West London was a sham.
The facts in dispute at trial were substantial with the Court hearing evidence given by eight witnesses. The positions taken by the Husband and his parents on the one side, and the Wife on the other, were at significant odds with each other.
The Judge found that the monies advanced were a joint loan, awarding our clients a judgment for the entire outstanding loan amount. The Court dispelled any arguments that the declaration of trust was a sham and confirmed that the beneficial interest in the investment property was as reflected in the trust deed between the Husband and his parents.
The claim was determined in favour of our clients on all grounds, and they were awarded their legal costs. Curzon Green are delighted with the outcome.
For details on how the Dispute Resolution Team may be able to assist you, please contact the team at disputeresolution@curzongreen.co.uk.