header-logo header-logo

16 September 2022
Issue: 7994 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 16 September 2022

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll