Claim Form
Alhilfi and another v Hussain and others [2022] EWHC 2150 (Ch), [2022] All ER (D) 82 (Aug)
The Chancery Division dismissed an application for permission to amend the particulars of claim to bring a claim under a constructive trust. The first claimant, who was resident in Dubai, brought a claim, seeking proprietary and other relief in relation to money he had invested in the acquisition of shares in the second and third defendant companies and by investing in properties in London, and contending that he was entitled to a 50% beneficial interest in those properties. The amended particulars of claim sought to set out the basis on which his primary claim to be the beneficiary of a constructive trust arose and sought to rely on an oral agreement and a document written in Arabic, which was said to be evidence of the oral agreement. The court held that the oral agreement was unclear and fell far short of providing certainty that would be needed for a binding contract and, to the extent the test could be a lower one, far
