[2025] EWHC 404 (TCC)

The Claimant is HSMC, a company incorporated in Ireland with y company number 368364 and registered at 15 Hume Street, Dublin 2. Mr Patrick McKillen is a director and shareholder of the company, and it is through HSMC that Mr McKillen typically offers and provides his professional services. References in this letter to the actions of Mr McKillen should be treated as the actions of HSMC via Mr McKillen as director, unless otherwise indicated…

HBJ’s acquisition of Coroin Limited and Forbes House Limited took place in or around April 2015. In the ensuing months, Mr McKillen had regular face to face meetings with HBJ further to their new working relationship in respect of the Maybourne Hotel Group. It was at one of these face to face meetings, in or around September 2015, that HBJ raised the redevelopment of Forbes House.

At this meeting, HBJ explained to Mr McKillen that he had acquired Forbes House from the Barclay Brothers. HBJ informed Mr McKillen that he wished for Forbes House to be redeveloped into a residential palace for himself, his wife, and his children (the “Project”). HBJ informed Mr McKillen that he wanted Mr McKillen to manage the Project. HBJ stressed to Mr McKillen that he wanted Forbes House redeveloped to a spectacular quality and standard (specifically, the same standard seen at Claridge’s) and that he wanted bigger basements for staff and staff quarters. He also stressed the importance of high quality acoustic insulation. Moreover, HBJ expressed his concerns to Mr McKillen about the redevelopment works already taking place next door to Forbes House, at the Peninsula Hotel, and in particular his concerns that the hotel redevelopment would overlook and potentially undermine Forbes House.

At the meeting HBJ communicated his request for Mr McKillen to perform project management services for the Project, including dealing with the various concerns raised by HBJ, as set out above (together, the “Services”). Mr McKillen accepted that request during the meeting. Further, and as set out in further detail below, Mr McKillen did in fact commence the performance of the Services following the meeting, and pursuant to HBJ’s request. Mr McKillen’s remuneration for the Services was not discussed during the meeting…

Further, or in the alternative, HSMC is entitled to and claims a reasonable sum as a restitutionary remedy for the unjust enrichment that FHL as the owner of the Forbes House property to which the works were done and/or HBJ as ultimate beneficial owner of Forbes House and/or Lomakx as the organising and contracting entity for the Forbes House project have unjustly received, in the absence of any payment having been made for the Services (the “Restitution Claim”). For the avoidance of doubt, in respect of the Restitution Claim:

The Services were provided to FHL, HBJ and Lomakx in respect of Forbes House upon request by or on behalf of FML, HBJ and Lomakx, as set out above;

FHL, HBJ and Lomakx were jointly and severally enriched by the Services;