Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors

Walbrook Trustees (Jersey) Ltd & Ors v William Fattal & Ors

The New Claim is an abuse of process because the Fattals could and should have raised the issue of the Sharet Trust's entitlement in the 2003 proceedings. The facts known to the Fattals at the time were sufficient to trigger the need to raise the issue, and their failure to do so means they are now precluded from litigating it. The public interest in finality and the avoidance of unjust harassment of the other parties outweighs any alleged new facts or misconduct by the non-Fattal parties.

Parties
Claimants: Walbrook Trustees (Jersey) Ltd and others; Defendants: William Fattal and others; Claimant (new Claim): William Simon Fattal; Claimant (new Claim): Elias Simon Fattal; Claimant (new Claim): Rysaffe Trustee Company (C. I.) Ltd; Defendant (new Claim): Robert Dangoor; Defendant (new Claim): Charles Sofaer; Defendant (new Claim): Simon Richard Maurice Dangoor; Defendant (new Claim): Walbrook Trustees (Jersey) Ltd; Defendant (new Claim): Walbrook International Trust Company Ltd; Defendant (new Claim): Tiara Trustees Ltd; Defendant (new Claim): Nicholas Cuttiford
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Civil (trusts/property) / Application for Strike Out And/or Summary Judgment; Determination of Abuse of Process
Outcome
New Claim struck out as an abuse of process
Legal Topics
Abuse of Process, Res Judicata, Henderson V Henderson Doctrine, Trust Beneficiaries' Rights, Pre Emption Rights, Summary Judgment, Strike Out Applications
Trusts Property Law Civil Procedure Abuse of Process Res Judicata Henderson V Henderson Doctrine Trust Beneficiaries' Rights Pre Emption Rights +2 more

Case Brief

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Parties

Walbrook Trustees (Jersey) Ltd and others

Claimants

William Fattal and others

Defendants

William Simon Fattal

Claimant (new Claim)

Elias Simon Fattal

Claimant (new Claim)

Rysaffe Trustee Company (C. I.) Ltd

Claimant (new Claim)

Robert Dangoor

Defendant (new Claim)

Charles Sofaer

Defendant (new Claim)

Simon Richard Maurice Dangoor

Defendant (new Claim)

Walbrook Trustees (Jersey) Ltd

Defendant (new Claim)

Walbrook International Trust Company Ltd

Defendant (new Claim)

Tiara Trustees Ltd

Defendant (new Claim)

Nicholas Cuttiford

Defendant (new Claim)

Procedural Posture

Civil (trusts/property) / Application for Strike Out And/or Summary Judgment; Determination of Abuse of Process

Legal Issues

  1. 1 Whether the New Claim by the Fattals is an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the Fattals could and should have raised the Sharet Trust entitlement issue in 2003 proceedings
  3. 3 Whether the conduct of Robert Dangoor or Walbrook estops them from raising abuse of process

Ratio Decidendi

The New Claim is an abuse of process because the Fattals could and should have raised the issue of the Sharet Trust's entitlement in the 2003 proceedings. The facts known to the Fattals at the time were sufficient to trigger the need to raise the issue, and their failure to do so means they are now precluded from litigating it. The public interest in finality and the avoidance of unjust harassment of the other parties outweighs any alleged new facts or misconduct by the non-Fattal parties.

Court Disposition

New Claim struck out as an abuse of process

Orders

  • The New Claim (as amended) is struck out as an abuse of process under the Henderson v Henderson principle.
  • This order does not prejudice any claims the Fattals may have against Walbrook.