Michael Parker v Thomas Parker-Bowyer & Ors
| Judge | DEPUTY MASTER LINWOOD |
| Neutral Citation | [2024] EWHC 2239 (Ch) |
| Year | 2024 |
| Court | Chancery Division |
| Counsel | Mr Gavin Mcleod,Mr Piers Digby |
| Date | 05 September 2024 |
Neutral Citation Number: [2024] EWHC 2239 (Ch)
Case No: PT-2023-000808
IN THE HIGH COURT OF JUSTICE
BUSINESS & PROPERTY COURTS OF ENGLAND AND
WALES
PROPERTY TRUSTS AND PROBATE LIST (ChD)
The Rolls Building, 7 Rolls Buildings,
Fetter Lane, London EC4A 1NL
Date: 05/09/2024
Before :
DEPUTY MASTER LINWOOD
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Between :
MICHAEL PARKER
Claimant
- and –
(1)THOMAS PARKER-BOWYER
(2) KIMBERLEY PARKER-BOWYER
(3) BRETT WRIGHT
Defendants
Mr Gavin McLeod (instructed by Bartons Solicitors) for the Claimant
Mr Piers Digby (instructed by Blaser Mills Law) for the Defendants
Hearing dates: 3rd,4th and 5th July 2024
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JUDGMENT
This Judgment was handed down remotely at 2.00pm on Thursday 5th September 2024. It was
sent by email to the parties’ legal representatives and to the National Archives.
Double-click to enter the short title
Deputy Master Linwood:
1.This claim is part of an especially acrimonious father/son dispute. In it, somewhat
unusually, I must determine whether the Claimant, on his own case, is now lying
about being untruthful in a key document. I adopt the first names of the parties and
witnesses for ease of reference and with no disrespect. The father, the Claimant,
Mike, claims first against one of his two sons, the First Defendant, Tom, for a
declaration that Tom holds a property known as the House on constructive trust for
him (“the Trust Claim”). Secondly Mike claims against Tom and the Second
Defendant, Tom’s wife Kim, for an order for delivery up or payment of the value of
what Mike says are valuable goods left by him in the House (“the Chattels Claim”),
and thirdly against all three Defendants for damages for conversion of various of the
chattels.
2.Tom counterclaims the reimbursement of electricity supplied by OVO, an injunction
to restrain Mike from entering the House or its land and damages for trespass. Below I
will set out the factual background to the property and the dispute, in as neutral terms
as I can, indicating where the parties differ. I mention the procedural background and
then turn to the issues I am to determine, the law, the evidence of fact, my findings of
fact and my decisions on the issues. The use of [ ] is to a paragraph in this judgment,
unless the context indicates otherwise.
BACKGROUND - FACTS
3.Mike has been involved in a variety of businesses in his long career from which he
has made substantial sums of money. He and his immediate family have enjoyed a
commensurate lifestyle. In about 2007 he bought a large property (“the Property”) at
Bourne End, Buckinghamshire of which the House is a part. It then comprised of one
residential building, a swimming pool and stable block on 10 acres of land. He spent
about 18 months refurbishing and remodelling it into a luxury 7 bedroomed house
which he then moved into with his then second now ex-wife, Barbara, her two
children and Tom and Eddie, who also lived with their mother, Jane, Mike’s first
wife, at weekends.
4.Mike also built a 6-car garage, converted the former garage into residential
accommodation for staff and then constructed what became 3 residential units known
as Babs Park, an office building plus various garages and storage areas. The stable
block was retained.
5.He places considerable emphasis on ensuring his sons – Tom, 31 and his brother
Eddie, 34 – are well provided for and on an equal basis. Mike says as an example he
bought two adjoining semi-detached properties in Wooburn Green in November 2006
when the boys were children, at £250,000 each, which were unconditional gifts to his
sons; on reaching their majority they could do what they wished with them, albeit that
he would have attempted to change their minds if they wanted to do something
unwise.
6.Tom says that this was just Mike placing assets in their names to put them beyond
reach of HMRC and other creditors such as their mother. But the fact remains these
purchases took place. Mike also says he gave his sons large cash sums at Christmas,
usually £5,000 each, and Tag Heuer and Rolex watches on their 21st and 25th birthdays
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