Lee Silk, Jack Plummer and Hanna Bajwa in our Dispute Resolution team have achieved a successful outcome in a substantial commercial property dispute concerning a property located in East London, valued in excess of £1.5 million.
The property was registered in the Defendant’s name but held on trust for our client under a Deed of Trust. Our client brought proceedings to enforce the trust and secure an order for sale. The Defendant sought to set aside the Deed of Trust by alleging actual undue influence.
Following a multi-day trial in the County Court at Central London, the Court rejected the undue influence claim. It found that the Defendant understood the nature and effect of the Deed of Trust, entered it through own free will and had not been improperly coerced. The Defendant’s counterclaim was dismissed, and the Deed of Trust was upheld.
The Court confirmed our client’s sole beneficial ownership of the property and ordered its sale, with the net proceeds payable in full to our client. The Defendant was ordered to pay our client’s legal costs of the proceedings in full. It is a welcomed result, achieved following almost three years of Court proceedings.
This successful result highlights the importance of clear trust documentation and specialist legal advice in disputes concerning beneficial ownership, commercial property, undue influence and the enforcement of Deeds of Trust.
For advice from our property litigation solicitors, please contact our Dispute Resolution team at disputeresolution@curzongreen.co.uk.