In a judgment handed down in the High Court ([2024] EWHC 2239(Ch)), Deputy Master Linwood has upheld the claimant father’s constructive trust claim over a £2.2m property, known as ‘the House’, in the village of Bourne End, Buckinghamshire.
Gavin (instructed by James Field of Bartons Solicitors) appeared for the claimant, Mike Parker. Mike alleged that the transfer of the House to his son, Tom Parker-Bowyer, had been further to an express agreement under which Mike would discharge the lending on the property in his son’s name whilst Tom would allow him continued use and control over the property for the rest of his life.
After the two fell out, Tom denied Mike’s rights under a life interest trust. When proceedings were launched, Tom attempted to have the claim struck out. At a summary judgment hearing in February, Deputy Master Linwood acknowledged the need to hear the family member witnesses who could speak to the agreement the pair made, but observed that he was “only just persuaded” to let the claim go to trial.
The trial judgment has however decisively upheld the constructive trust claimed, further to findings (following Gavin’s cross-examination) that Tom had given answers which “were first contradictory and then simply and deliberately untrue“, and some of which “beggared belief“.
At both summary judgment level and trial, the dispute has been covered in the national press, including the Times, Daily Telegraph, Daily Mirror and Daily Mail. Some links to the coverage are below:
Son battling towel tycoon dad over £2.5million mansion claims he’s been driven to financial ruin – Mirror Online
Towel tycoon, 60, who made headlines with Britain’s ‘most toxic divorce’ is now suing his SON in fight over £2million mansion they both claim they own | Daily Mail Online
Multimillionaire towel tycoon accuses his son of dumping £300,000 of luxury furnishings and a £12,000 grand piano in a skip and on Facebook marketplace – as pair clash in bitter £2.5m court case over family mansion | Daily Mail Online
A link to the judgment is here: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2024/2239
