Penelope Reed QC and Luke Harris successful in the Court of Appeal in Kahrmann v Harrison-Morgan [2019] EWCA Civ 2094

The Court of Appeal has handed down its judgment in Kahrmann v Harrison-Morgan [2019] EWCA Civ 2094.  Penelope Reed QC and Luke Harris, instructed by Grosvenor Law, acted for the successful Appellant.

This case concerned a claim by the Administrator of the estate of the late Rainer Christian Kahrmann against the Deceased’s former partner, the Respondent, to recover monies paid to the Respondent by a third party following the Deceased’s death.  The payments arose in relation to an agreement to enfranchise the leases in respect of two Belgravia properties and then sell the freehold properties.  The payment to the Respondent represented part of the proceeds of sale arising from that agreement.  At trial, the Appellant alleged, inter alia, that the proceeds of sale of the properties were held on constructive trust for the Deceased’s estate.  That claim was unsuccessful at trial.

The Appellant applied for and was granted permission to appeal to the Court of Appeal.  The Court of Appeal unanimously allowed the appeal.  The judgment of Lord Justice Henderson (with which Lord Justice Floyd and Lady Justice King agreed) concluded that the Appellant had established that an express common intention constructive trust had arisen.

You can find a copy of the judgment here.