[2025] EWHC 1335 (Fam)

On 31 January 2020 the Claimant, JT, (whom I shall refer to as ‘the mother’) issued a claim in the Chancery Division against the Defendants, RL, (whom I shall refer to as ‘the father’), and AL, the father’s former wife. The mother sought a declaration that the Defendants held a freehold property, 35 Lansdowne Road, Worthing, for her as a life tenant, with her daughter the residuary beneficiary and sought damages against the father for breach of a written contract entitled ‘letter of intent’ dated 11 December 2018, and made between the mother and the father. In the alternative, the mother sought damages against the father in the sum of £2,444,000 for breach of contract.

The mother and the father have a daughter, T, who was born on 10 February 2012. There has been protracted litigation in the Family Court about T for almost the whole of her life.

On 1 July 2020 the father made an application for the claim to be transferred from the Chancery Division to the Family Division. The mother opposed the application. On 10 May 2021, following a contested hearing, Deputy Master Rhys granted the father’s application. On 19 November 2021 I allocated and reserved the claim to me to be heard alongside the Family proceedings.

On 22 April 2024 the father issued an application for an order striking out the claim and/or an order granting him summary judgment on his counterclaim. Both of these applications were opposed by the mother. These applications were listed for hearing before me on 25 March 2025. At the conclusion of oral submissions I reserved judgment.