Heading

Case No: CA-2024-001204
CA-2024-001215
ON APPEAL FROM THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT (KBD)
Sir Nigel Teare (sitting as a Judge of the High Court)
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
SIR JULIAN FLAUX, CHANCELLOR OF THE HIGH COURT
LADY JUSTICE FALK
and
LORD JUSTICE ZACAROLI
Between :
(1) NATIONAL IRANIAN OIL COMPANY (2) RETIREMENT, SAVING AND WELFARE FUND OF OIL INDUSTRY WORKERS | Appellants |
- and – | |
CRESCENT GAS CORPORATION LIMITED | Respondent |
Bankim Thanki KC, David Mumford KC, Laura Newton, Marc Delehanty and James Kinman (instructed by Eversheds Sutherland (International) LLP) for National Iranian Oil Company (the Appellant in CA-2024-001215)
David E. Grant KC, Joshua Hitchens and Joshua Cainer (instructed by Blackstone Solicitors) for Retirement, Savings and Welfare Fund of Oil Industry Workers(the Appellant in CA-2024-001204)
Ewan McQuater KC, Ricky Diwan KC, Tariq Baloch KC, Georgina Peters, Professor Paul Davies, Luka Krsljanin and Moeiz Farhan (instructed by Reed Smith LLP) for the Crescent Gas Corporation Limited (the Respondent in both appeals)
Hearing dates: 15, 16 & 17 July 2025
Further written submissions filed: 8 & 22 August 2025; 1 September 2025
Approved Judgment
This judgment was handed down remotely at 10.00am on 30 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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Lord Justice Zacaroli:
- Heading
- Introduction
- Background
- The grounds of appeal
- Summary of the Court’s conclusions
- The judge’s reasoning
- Summary of the parties’ arguments on Ground 1
- Case law and textbook references
- Declaration of trust by a natural person
- The language of s.53(1)(b)
- The purpose of s.53(1)(b)
- Conclusion where the declaration of trust is by a natural person
- Signing by a company
- The judgment
- Identifying the issue raised by Ground 3, and the parties’ arguments in outline
- The consequence of there being insufficient written evidence of a trust of land
- Rochefoucauld
- Gardner
- Conclusions
![[2025] EWCA Civ 1211](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)