Sheffield v Sheffield & Ors

Sheffield v Sheffield & Ors

No antecedent arrangement was proved to modify the 1983 Declaration; the claimant is entitled to 25% of net trust income and appropriate relief for breaches of trust, subject to certain reserved points. Claims are not barred by estoppel, limitation, laches, or acquiescence. Trustees are excused for the sale of the 10.2 acres under s.61 Trustee Act 1925.

Parties
Claimant: John David Sheffield; Defendant/executor/trustee: John Julian Lionel George Sheffield; Defendant/executor/trustee: Lionel Julian Sheffield; Defendant/executor/trustee: Simon Robert Alexander Sheffield; Defendant/trustee: Fergus Hugh Stirling Graham; Defendant/trustee: Nicola Elizabeth Anne Graham; Defendant/trustee: John Frank Ratcliffe
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Civil (trusts/probate) / Judgment After Trial
Outcome
Claim allowed in part; claimant entitled to accounts and relief as specified.
Legal Topics
Breach of Trust, Beneficiary Rights, Limitation, Estoppel, Trustee Duties, Restitution, Compensation, Trust Accounts
Trust Law Equity Property Law Breach of Trust Beneficiary Rights Limitation Estoppel Trustee Duties +3 more

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Parties

John David Sheffield

Claimant

John Julian Lionel George Sheffield

Defendant/executor/trustee

Lionel Julian Sheffield

Defendant/executor/trustee

Simon Robert Alexander Sheffield

Defendant/executor/trustee

Fergus Hugh Stirling Graham

Defendant/trustee

Nicola Elizabeth Anne Graham

Defendant/trustee

John Frank Ratcliffe

Defendant/trustee

Procedural Posture

Civil (trusts/probate) / Judgment After Trial

Legal Issues

  1. 1 Whether an antecedent arrangement existed modifying the effect of the 1983 Declaration of Trust
  2. 2 Whether the claimant is entitled to 25% of trust income and capital receipts from 1983
  3. 3 Whether trustees breached trust by failing to exploit trust assets or account for income

Ratio Decidendi

No antecedent arrangement was proved to modify the 1983 Declaration; the claimant is entitled to 25% of net trust income and appropriate relief for breaches of trust, subject to certain reserved points. Claims are not barred by estoppel, limitation, laches, or acquiescence. Trustees are excused for the sale of the 10.2 acres under s.61 Trustee Act 1925.

Court Disposition

Claim allowed in part; claimant entitled to accounts and relief as specified.

Orders

  • Claimant entitled to 25% of net trust income from 24 October 1983 until JVS's death, subject to reserved points on the 1975 lease.
  • Account and payment over for breach of trust by failing to exploit shooting rights from inception of first FBT.