George Green successfully acted for the defendants in the case of Gill v Thind [2023] EWCA Civ 1276

Earlier this month, the Court of Appeal handed down its judgment in the latest, and hopefully final, instalment of the litigation between Mr Gill and Mr and Mrs Thind. The case concerns shares in companies the Thinds say Mr Gill received on trust for his grandchildren. Following a three week trial in 2022, the High Court found in the Thinds’ favour by finding, as matters of fact, that Mr Gill had orally agreed to hold the shares on trust.

Mr Gill sought to overturn the High Court’s decision, arguing that oral trusts required “clear evidence” and that there was insufficient evidence available to the High Court to establish that an oral trust arose. The Court of Appeal unanimously rejected Mr Gill’s appeal, concluding that the High Court had applied the correct burden of proof and that appropriate test was whether Mr Gill had “said words that were such as to demonstrate an intention to declare a trust”. There is no special or heightened standard of proof for demonstrating the terms of an oral trust.

Morgan Rees, who acted for the Thinds, said “this is another resounding success for the George Green litigation team. Although we have a market leading reputation for our involvement in complex and high profile cases that develop and clarify the law, we also hope that this definitive and unanimous decision of the Court of Appeal brings this long running saga to an end”.

George Green briefed John Randall KC and Robert Mundy of St Philips Chambers.

The full judgment can be read here. Mr Gill has said he intends to appeal to the Supreme Court.

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