A chef has lost a bitter £6 million court fight with his elderly mother over the ownership of their property empire, including a London restaurant that was voted Britain’s top takeaway.
Thai Metro, near the British Museum in central London was at the centre of the clash between Ekk Somboonsam, 51, and his 77-year-old mother Wanda Walker.
Mr Somboonsam moved to the UK as a five-year-old and, after working as a kitchen porter and cook, claimed he founded the restaurant in Charlotte Street, Fitzrovia, which opened its doors in 2000.
The success of the business – which beat off competition from 12,000 other restaurants across the UK to be named top takeaway in 2017 – allowed the family to open a second restaurant and build a multimillion pound property portfolio.
But now the chef has been beaten in a High Court battle by his mother, who claimed the businesses and restaurant were hers and that, rather than being the boss, her son was an ’employee.’
Mr Somboonsam moved to the UK as a five-year-old and, after working as a kitchen porter and cook, claimed he founded the restaurant in Charlotte Street, Fitzrovia
Judge Malcolm Davis-White KC ruled that family companies Thai Metro Limited, Anglo Thai Limited and Finfish Catering Limited are beneficially owned by Wanda, who also owns the Charlotte Street property where Thai Metro operates.
The judge rejected Somboonsam claim that money he had inherited in Thailand was used as the seed capital for the restaurant business and made him the rightful owner.
But the judge found that the chef owns two other properties from the family portfolio, which his mother had claimed were hers.
The court heard Mrs Walker moved to London from Thailand in 1973, working as a cleaner and then setting up her own janitorial business.
She then moved into catering, providing Thai food at outdoor music festivals, including Glastonbury, and running a restaurant in Lewisham, the judge was told.
The Thai Metro restaurant was set up 23 years ago and went on to become a major success, scooping the ‘Britain’s Most-Loved Takeaway’ award due to its five-star ratings and ‘unprecedented return rate.’
Among its most popular dishes are its £10.80 pineapple fried rice and £10.20 drunken fried rice, which Mr Somboonsam has previously called a ‘great hangover cure.’
The court heard Mrs Walker moved to London from Thailand in 1973, working as a cleaner and then setting up her own janitorial business
But mother and son developed ‘diametrically opposed’ views – leading to a court war – on who owned the businesses through which the restaurant has been run, the premises where it is based and a string of other properties.
The chef claimed the restaurant business was his from the start and that his mother only ‘occasionally helped out.’
He claimed that money he inherited from his father in Thailand was used as a ‘loan’ to start up the eatery.
For Mr Somboonsam, barrister Robert Strang insisted that his client was ‘the founder and the owner of the business.’
Although the shares in the business were put into his mother’s name, that had only been because Mr Somboonsam was separated from his first wife and wanted to prevent her making a claim, he said.
Thai Metro, near the British Museum in central London, was winner of the title ‘Britain’s most-loved takeaway’ in 2017
As well as the businesses, mother and son were also arguing about four valuable properties, including a £1m-plus flat in Bloomsbury Mansions
The judged ruled that he was satisfied that Wanda is the beneficial owner of 78 Hermit Road, in Canning Town, London
A Rotherhithe home was also amongst four valuable properties at the centre of the court war
His mother claimed the business was hers however and her son was an ’employee.’
‘Mrs Walker’s case is that she invested the money and took the lease in her own name because this was her business,’ said her barrister, Timothy Cowen.
‘She claims that the businesses are hers and that Mr Somboonsam worked for her.’
As well as the businesses, mother and son were also arguing about four valuable properties – a £1m-plus flat in Bloomsbury Mansions, the Charlotte Street property where Thai Metro operates, and two premises in Rotherhithe and Canning Town.
Handing victory to Wanda, the judge said he ‘preferred her evidence’ on where the money came from to start the award-winning restaurant that launched the family fortunes.
Wanda had argued there ‘was no substantial inheritance as Ekk suggested’ and that ‘Ekk’s father was comparatively poor,’ he said.
The judge added that, ‘in his cross-examination in connection with his version of events regarding 38 Charlotte Street, Ekk’s version of events regarding his ‘inheritance’ completely broke down’.
Giving his ruling, he said: ‘I am satisfied that Wanda is the beneficial owner of the rights of subscriber in relation to each of the three companies and to have the relevant shares in question issued to her and that when issued to her she will be the beneficial and legal owner of the same.
‘I am satisfied that Wanda is the beneficial owner of 78 Hermit Road and 38 Charlotte Street,’ he added.
But he went on to find that two other properties which Wanda claimed were hers were in fact beneficially owned by Ekk.
Speaking after receiving the 2017 award, following a competition organised by online delivery company Hungryhouse, Ekk Somboonsam said: ‘Before I started the business, I thought Thai food was unnecessarily overpriced.
‘So we have tried to keep our prices as low as possible. We rely on repeat customers and if we can keep our prices down, people will keep coming back.
‘It’s the food that I’ve grown up with and it’s lovely to be acknowledged. It means a lot that people are giving us great feedback and to know that we are doing something right.
‘We are a family-owned business, so to receive both this recognition and exposure is an unbelievable honour. We pride ourselves on serving up delicious Thai cuisine at good value, all made with high quality ingredients.’
