Sheffield v Sheffield & Ors [2013] EWHC 3927 (Ch) (13 December 2013)

Sheffield v Sheffield & Ors [2013] EWHC 3927 (Ch) (13 December 2013)

The court found that no binding 'Arrangement' existed precluding the claimant's entitlement to a quarter of the trust income and capital receipts after the 1983 Declaration. The claimant was entitled to accounts and payment of his share, subject to deductions for trust expenses and proper administration. Some claims for breach of trust failed on the facts or were barred by limitation, laches, or s.61 Trustee Act 1925, but the claimant succeeded in establishing entitlement to a share of certain trust income and receipts.

Citation
[2013] EWHC 3927 (Ch)
Parties
Claimant: John David Sheffield; 1st Defendant/2nd Defendant/3rd Defendant (as Executor and Trustee): John Julian Lionel George Sheffield; 1st Defendant (as Executor): Lionel Julian Sheffield; 1st Defendant/3rd Defendant (as Executor and Trustee): Simon Robert Alexander Sheffield; 3rd Defendant (as Trustee): Fergus Hugh Stirling Graham; 3rd Defendant (as Trustee): Nicola Elizabeth Anne Graham; 3rd Defendant (as Trustee): John Frank Ratcliffe
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Chancery Division Trial (trust Dispute) / Judgment After Full Trial
Outcome
Partially in favour of claimant
Legal Topics
Breach of Trust, Beneficiary Rights, Trustee Duties, Restitution, Limitation, Estoppel, Laches, Trustee Act 1925 S.61
Trusts and Estates Equity Property Law Breach of Trust Beneficiary Rights Trustee Duties Restitution Limitation +3 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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John David Sheffield

Claimant

John Julian Lionel George Sheffield

1st Defendant/2nd Defendant/3rd Defendant (as Executor and Trustee)

Lionel Julian Sheffield

1st Defendant (as Executor)

Simon Robert Alexander Sheffield

1st Defendant/3rd Defendant (as Executor and Trustee)

Fergus Hugh Stirling Graham

3rd Defendant (as Trustee)

Nicola Elizabeth Anne Graham

3rd Defendant (as Trustee)

John Frank Ratcliffe

3rd Defendant (as Trustee)

Procedural Posture

Chancery Division Trial (trust Dispute) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the claimant is entitled to a quarter of trust income and capital receipts under the 1968 Settlement after the 1983 Declaration;
  2. 2 Whether an 'Arrangement' existed precluding the claimant from income during JVS's lifetime;
  3. 3 Whether trustees breached duties by failing to obtain/properly distribute trust income or by mismanaging trust assets;

Ratio Decidendi

The court found that no binding 'Arrangement' existed precluding the claimant's entitlement to a quarter of the trust income and capital receipts after the 1983 Declaration. The claimant was entitled to accounts and payment of his share, subject to deductions for trust expenses and proper administration. Some claims for breach of trust failed on the facts or were barred by limitation, laches, or s.61 Trustee Act 1925, but the claimant succeeded in establishing entitlement to a share of certain trust income and receipts.

Court Disposition

Partially in favour of claimant

Orders

  • Defendants to account for and pay to the claimant a quarter share of trust income and capital receipts due after the 1983 Declaration, subject to deductions for trust expenses and proper administration.
  • Certain claims for breach of trust dismissed as unproven or barred by limitation, laches, or s.61 Trustee Act 1925.