Rollerteam Limited v Linda Riley

Rollerteam Limited v Linda Riley

Linda Riley was in breach of trust for failing to implement the 2015 direction to transfer Parkgate with vacant possession. However, the only compensatable loss to Rollerteam was abortive legal costs, as the evidence showed that, had the breach not occurred, Parkgate would have been sold and no other losses would have arisen. Rollerteam is entitled to equitable compensation of £7,500, subject to set-off of £334.44 for insurance, resulting in judgment for £7,165.56. Linda Riley is not relieved from liability under section 61 of the Trustee Act 1925. Her counterclaim for mortgage, repair, and utility reimbursement fails except for the 2015 insurance premium.

Parties
Claimant: Rollerteam Limited; 1st Defendant: Linda Riley; 2nd Defendant: Stephen Riley
Jurisdiction
England and Wales
Judgment Date
30 October 2024
Procedural Posture
Civil (trusts/property) / Final Judgment After Trial on Equitable Compensation and Counterclaim
Outcome
Judgment for the Claimant (Rollerteam Limited) against the First Defendant (Linda Riley) for £7,165.56, after set-off.
Legal Topics
Breach of Trust, Equitable Compensation, Trustee Indemnity, Set Off, Trustee Relief Under Trustee Act 1925
Trusts Property Law Equity Breach of Trust Equitable Compensation Trustee Indemnity Set Off Trustee Relief Under Trustee Act 1925

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Parties

Rollerteam Limited

Claimant

Linda Riley

1st Defendant

Stephen Riley

2nd Defendant

Procedural Posture

Civil (trusts/property) / Final Judgment After Trial on Equitable Compensation and Counterclaim

Legal Issues

  1. 1 Whether Linda Riley is liable to pay equitable compensation to Rollerteam Limited for breach of trust in failing to implement directions regarding Parkgate property
  2. 2 Whether Linda Riley is entitled to relief under section 61 of the Trustee Act 1925
  3. 3 Whether Linda Riley is entitled to reimbursement or indemnity for mortgage, repair, insurance, and utility payments under the trust deed or in equity

Ratio Decidendi

Linda Riley was in breach of trust for failing to implement the 2015 direction to transfer Parkgate with vacant possession. However, the only compensatable loss to Rollerteam was abortive legal costs, as the evidence showed that, had the breach not occurred, Parkgate would have been sold and no other losses would have arisen. Rollerteam is entitled to equitable compensation of £7,500, subject to set-off of £334.44 for insurance, resulting in judgment for £7,165.56. Linda Riley is not relieved from liability under section 61 of the Trustee Act 1925. Her counterclaim for mortgage, repair, and utility reimbursement fails except for the 2015 insurance premium.

Court Disposition

Judgment for the Claimant (Rollerteam Limited) against the First Defendant (Linda Riley) for £7,165.56, after set-off.

Orders

  • Rollerteam Limited awarded equitable compensation of £7,500 against Linda Riley.
  • Linda Riley entitled to set-off of £334.44 for 2015 insurance premium.