12KBW Junior In High Court Victory
In Ali v Al-Basri and another ([2004] EWHC 2608 (QB), [2004] All ER (D) 290 (Nov), Lawtel 19/11/2004), the claimant (represented by Andrew Roy) had arrived as an immigrant from Iraq in 1993. Her case was that she had advanced large sums of money on trust to the defendants, which they had failed to pay back but rather invested in properties. The defendants disputed the sums and claimed that they money was a loan that had been fully repaid. After seven days of evidence and submissions, Tugendhat J found for the claimant. Noting that the first defendant had been “constrained to admit in cross-examination that he was capable of dishonesty” and finding that he “was unwilling to be candid with the court”, the judge held that the defendants improperly withheld trusts funds and invested them for their own benefit. He therefore granted the claimant declarations in four properties in constructive trust, a money judgment and an account for profits deriving from the defendants’ investments.
Andrew Hogarth QC... 'one of the finest pure lawyers and bravest advocates I've seen'... (Chambers and Partners 2005)
