Forester Maurice Labrouche v Frey & Ors [2016] EWHC 268 (Ch) (18 February 2016)

Forester Maurice Labrouche v Frey & Ors [2016] EWHC 268 (Ch) (18 February 2016)

The assets of Newin Foundation and its subsidiaries are not held on trust for Olga's Will Trustees; distributions to Soledad were not excessive and were properly accounted; Markus and Hugo's remuneration was authorised and reasonable; no undisclosed retrocessions were received; division of Plum Bay House proceeds did not breach trust; Forester not entitled to costs for removal of Markus; conversion of Newin Establishment to Newin Foundation was not a breach of trust.

Citation
[2016] EWHC 268 (Ch)
Parties
Claimant: Forester Maurice Labrouche; 1st Defendant: Markus Albert Frey; 2nd Defendant: The Estate of Hugo Albert Frey; 3rd Defendant: Soledad Cabeza de Vaca y Leighton; 4th Defendant: Newin Foundation
Jurisdiction
England and Wales
Judgment Date
18 February 2016
Procedural Posture
Chancery Division Trust Dispute / Final Judgment
Outcome
Claim dismissed
Legal Topics
Breach of Trust, Trustee Remuneration, Trust Asset Distribution, Fiduciary Duties, Res Judicata, Liechtenstein Foundation Law, Swiss Law
Trusts and Estates Private International Law Breach of Trust Trustee Remuneration Trust Asset Distribution Fiduciary Duties Res Judicata Liechtenstein Foundation Law +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Forester Maurice Labrouche

Claimant

Markus Albert Frey

1st Defendant

The Estate of Hugo Albert Frey

2nd Defendant

Soledad Cabeza de Vaca y Leighton

3rd Defendant

Newin Foundation

4th Defendant

Procedural Posture

Chancery Division Trust Dispute / Final Judgment

Legal Issues

  1. 1 Whether assets of Newin Foundation and its subsidiaries are held on trust for Olga's Will Trustees
  2. 2 Whether distributions to Soledad breached trust by overpayment and improper accounting
  3. 3 Whether Markus and Hugo received unauthorised trustee remuneration

Ratio Decidendi

The assets of Newin Foundation and its subsidiaries are not held on trust for Olga's Will Trustees; distributions to Soledad were not excessive and were properly accounted; Markus and Hugo's remuneration was authorised and reasonable; no undisclosed retrocessions were received; division of Plum Bay House proceeds did not breach trust; Forester not entitled to costs for removal of Markus; conversion of Newin Establishment to Newin Foundation was not a breach of trust.

Court Disposition

Claim dismissed

Orders

  • No relief granted to claimant
  • Counterclaim for trustee remuneration allowed