Approved Judgment - clients.squareeye.com

THE HONOURABLE MR JUSTICE EADY
Approved Judgment
Butler-Creagh v Hersham
argued that Ms Hersham should be regarded as the “principal” of Cherrilow or a
beneficiary of the trust. She is neither a settlor nor a beneficiary. It is undisputed that
Mr Butler-Creagh is aware of the beneficiaries‟ identities. Any claim that the trust
was not genuine was eschewed by Mr Lewis at an early stage and it is not open to
him, therefore, to investigate the trust with a view to identifying Ms Hersham as a
beneficiary. Nor would such an exercise bear upon any other of the true issues in the
case. In any event, there is no reason why Mr Butler-Creagh would be able to
establish a quantum meruit against Ms Hersham any more than against Cherrilow.
The ultimate outcome
137. It follows that Cherrilow‟s claim in deceit has succeeded and Mr Butler-Creagh‟s
claim against Ms Hersham and cross-claim against Cherrilow have failed.