Rollerteam Ltd v Riley & Anor [2024] EWHC 2736 (Ch) (30 October 2024)

Rollerteam Ltd v Riley & Anor [2024] EWHC 2736 (Ch) (30 October 2024)

Linda Riley breached trust obligations by failing to implement the 2015 direction to transfer Parkgate with vacant possession. Rollerteam Limited is entitled to equitable compensation for abortive legal costs incurred as a result, but not for mortgage payments or lost rental opportunity, as the clear probability is that Parkgate would have been sold upon vacant possession. Linda Riley's counterclaim for reimbursement of mortgage, repair, insurance, and utility costs is largely extinguished by equitable set-off, except for a modest insurance cost for 2015. Relief under section 61 Trustee Act 1925 is denied as it would be unfair to Rollerteam.

Citation
[2024] EWHC 2736 (Ch)
Parties
Claimant: Rollerteam Limited; First Defendant: Linda Riley; Second Defendant: Stephen Riley
Jurisdiction
England and Wales
Judgment Date
30 October 2024
Procedural Posture
Chancery Division Property Trusts and Probate / Post Trial Judgment on Equitable Compensation and Counterclaim
Outcome
Judgment for Rollerteam Limited against Linda Riley for equitable compensation, with set-off for insurance cost. Counterclaim by Linda Riley largely dismissed.
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

First Defendant

Stephen Riley

Second Defendant

Procedural Posture

Chancery Division Property Trusts and Probate / Post Trial Judgment on Equitable Compensation and Counterclaim

Legal Issues

  1. 1 Whether Linda Riley breached trust obligations under the trust deed by failing to transfer Parkgate with vacant possession as directed
  2. 2 Whether Rollerteam Limited is entitled to equitable compensation for losses allegedly caused by Linda Riley's breach
  3. 3 Whether Linda Riley is entitled to relief from liability under section 61 Trustee Act 1925

Ratio Decidendi

Linda Riley breached trust obligations by failing to implement the 2015 direction to transfer Parkgate with vacant possession. Rollerteam Limited is entitled to equitable compensation for abortive legal costs incurred as a result, but not for mortgage payments or lost rental opportunity, as the clear probability is that Parkgate would have been sold upon vacant possession. Linda Riley's counterclaim for reimbursement of mortgage, repair, insurance, and utility costs is largely extinguished by equitable set-off, except for a modest insurance cost for 2015. Relief under section 61 Trustee Act 1925 is denied as it would be unfair to Rollerteam.

Court Disposition

Judgment for Rollerteam Limited against Linda Riley for equitable compensation, with set-off for insurance cost. Counterclaim by Linda Riley largely dismissed.

Orders

  • Linda Riley to pay Rollerteam Limited £7,165.56 as equitable compensation after set-off.
  • No award for mortgage, repair, or utility reimbursement to Linda Riley except £334.44 for 2015 insurance.