Brudenell -Bruce v Moore & Ors

Brudenell -Bruce v Moore & Ors

Trustees breached duties by failing to repair and re-let Sturmy House and to seek rent or possession of Little Lye Hill Cottage after October 2013, causing quantifiable loss. Mr Moore, as a lay trustee, was not entitled to remuneration and must repay sums received. Breakdown in relations between Mr Moore and Lord Cardigan warrants Mr Moore's removal as trustee after completion of Tottenham House sale. Mr Cotton's removal is not justified.

Parties
Claimant: David Michael James Brudenell-Bruce, Earl of Cardigan; First Defendant: John Moore; Second Defendant: Wilson Cotton; Third Defendant: Richard Ford
Jurisdiction
England and Wales
Judgment Date
07 November 2014
Procedural Posture
Civil / Final Judgment
Outcome
Claim partly allowed
Legal Topics
Breach of Trust, Trustee Removal, Trustee Remuneration, Equitable Compensation, Trust Administration
Trusts and Estates Property Law Breach of Trust Trustee Removal Trustee Remuneration Equitable Compensation Trust Administration

Case Brief

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Parties

David Michael James Brudenell-Bruce, Earl of Cardigan

Claimant

John Moore

First Defendant

Wilson Cotton

Second Defendant

Richard Ford

Third Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether trustees breached duties regarding estate management
  2. 2 Whether trustees failed to protect and repair trust assets
  3. 3 Whether trustees improperly allowed rent-free occupation

Ratio Decidendi

Trustees breached duties by failing to repair and re-let Sturmy House and to seek rent or possession of Little Lye Hill Cottage after October 2013, causing quantifiable loss. Mr Moore, as a lay trustee, was not entitled to remuneration and must repay sums received. Breakdown in relations between Mr Moore and Lord Cardigan warrants Mr Moore's removal as trustee after completion of Tottenham House sale. Mr Cotton's removal is not justified.

Court Disposition

Claim partly allowed

Orders

  • Mr Moore to repay all remuneration received as trustee to the Trust
  • Trustees to pay £64,225 compensation to the Trust for losses relating to Sturmy House and Little Lye Hill Cottage