Rupert Cohen wins widely reported “devious nephew” dispute over £4 million Kensington Mews House

HHJ Johns KC handed down judgment last week in a case which has been widely reported concerning the beneficial ownership of a Mews House in Kensington.

The Claimant claimed that when she bought the Mews House in question in the name of the Defendant, her nephew, she did so on the basis of a common intention that he would hold the entire beneficial interest in the house for her. The Defendant defended the claim on the basis that the house was a gift which accorded with a Taiwanese cultural norm by which property was passed down generations.

HHJ Johns KC held that, with reference to the parties’ dealings both prior to the acquisition in 2004 and in the 19 years thereafter, the parties shared a common intention that it be held on trust for the Claimant.

HHJ Johns KC’s decision follows a four day trial held in late September. Both the trial and his subsequent decision were widely reported in the press, such as the Daily Mail, the Mirror and The Sun.

Rupert Cohen, instructed by David Masters at Penningtons Manches Cooper, acted for the successful Claimant.