On 20th October 2025, the High Court, Chancery Division handed down its judgment in Daniel Family Homes Limited & Terry Daniel v Jeffrey Gold & Patricia Gold [2025] EWHC 2697 (Ch). Mr Justice Cawson heard the appeal and cross-appeal of HHJ Melissa Clarke’s judgment following a 5-day hearing in November 2024.
The issues at trial included who owned the beneficial interest in a property and whether rent could be set off against outstanding loans owed to the Defendants. HHJ Clarke held at first instance that the Defendants had no beneficial interest in the property, in spite of the Defendants’ assertions that they had paid sums towards its purchase, including a payment of £150,000 in cash, and had executed a deed of trust in favour of the Second Defendant. HHJ Clarke found that the Defendants’ evidence on these points had been dishonest.
Both the appeal and cross-appeal sought to overturn findings of fact, and Cawson J’s judgment reiterates the high threshold that needs to be met for an appellate court to interfere with the factual findings of the trial judge. The judgment also reaffirms the position, as found in Swordheath Properties Ltd v Tabet [1979] 1 WLR 285, that damages should be awarded for trespass to equate to the market rental value of the property. No proof of loss or expert evidence is required.
Shyam Thakerar of 36 Stone appeared on behalf of the Appellants both at first instance, and in the appeal and cross-appeal, instructed by Taylor Rose.
The judgment can be viewed here.
Further information
For more information from the stone team, contact clerks@36stone.co.uk
Involving Shyam Thakerar
