Mary Shovlin v Site Civils and Surfacing Limited & Anor

Mary Shovlin v Site Civils and Surfacing Limited & Anor

The claimant failed to prove that Austin Fergus acted in breach of fiduciary duty when making the loans to SCS. The judge was entitled to find, on the evidence, that the loans were made with Mrs. Shovlin's informed consent and in anticipation of a joint venture for the Trust's benefit. Without a primary breach of fiduciary duty, there could be no liability for knowing receipt or proprietary tracing claim. The appeal was dismissed.

Parties
Appellant/claimant: Mary Shovlin (as sole surviving trustee of the SPH Trust); First Respondent/defendant: Site Civils and Surfacing Limited; Second Respondent/defendant: George Crosby
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Fiduciary Duty, Knowing Receipt, Proprietary Tracing, Trustee Investment Powers, Remedies for Breach of Trust
Trusts Equity Civil Procedure Breach of Fiduciary Duty Knowing Receipt Proprietary Tracing Trustee Investment Powers Remedies for Breach of Trust

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Parties

Mary Shovlin (as sole surviving trustee of the SPH Trust)

Appellant/claimant

Site Civils and Surfacing Limited

First Respondent/defendant

George Crosby

Second Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Austin Fergus, as trustee, breached fiduciary duty in making loans from the Trust to SCS
  2. 2 Whether SCS and Mr. Crosby were liable for knowing receipt of trust monies
  3. 3 Whether the Trust could assert a proprietary tracing claim to Mercury Way and/or Greenacres via backwards tracing

Ratio Decidendi

The claimant failed to prove that Austin Fergus acted in breach of fiduciary duty when making the loans to SCS. The judge was entitled to find, on the evidence, that the loans were made with Mrs. Shovlin's informed consent and in anticipation of a joint venture for the Trust's benefit. Without a primary breach of fiduciary duty, there could be no liability for knowing receipt or proprietary tracing claim. The appeal was dismissed.

Court Disposition

Appeal dismissed