Jemma Trust Company Ltd v Lewis & Ors

Jemma Trust Company Ltd v Lewis & Ors

The claimant failed to prove actionable loss resulting from KBL's alleged negligence in the DOV Action; KBL was negligent in failing to advise on the CGT implications of the 1997 Assent, but causation and quantum of loss require further enquiry.

Parties
Claimant: Jemma Trust Company Limited; First Defendant: Kippax Beaumont Lewis; Second Defendant: Peter d’Arcy Liptrott; Third Defendant: John Forrester
Jurisdiction
England and Wales
Judgment Date
01 April 2004
Procedural Posture
Professional Negligence / Judgment
Outcome
DOV Action dismissed; CGT Action partially upheld with enquiry into loss ordered.
Legal Topics
Duty of Care, Fiduciary Duties, Inheritance Tax, Capital Gains Tax, Court of Protection Procedure
Trusts and Estates Professional Negligence Tax Law Duty of Care Fiduciary Duties Inheritance Tax Capital Gains Tax Court of Protection Procedure

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Parties

Jemma Trust Company Limited

Claimant

Kippax Beaumont Lewis

First Defendant

Peter d’Arcy Liptrott

Second Defendant

John Forrester

Third Defendant

Procedural Posture

Professional Negligence / Judgment

Legal Issues

  1. 1 Whether KBL breached its duty of care in advising executors and trustees regarding a deed of variation and capital gains tax matters
  2. 2 Whether KBL's conduct resulted in actionable loss to the claimant
  3. 3 Whether the executors/trustees acted appropriately in their role regarding the deed of variation

Ratio Decidendi

The claimant failed to prove actionable loss resulting from KBL's alleged negligence in the DOV Action; KBL was negligent in failing to advise on the CGT implications of the 1997 Assent, but causation and quantum of loss require further enquiry.

Court Disposition

DOV Action dismissed; CGT Action partially upheld with enquiry into loss ordered.

Orders

  • DOV Action dismissed.
  • Enquiry ordered as to whether any loss, and if so what loss, has been suffered by the Executors/Trustees in consequence of negligence regarding the 1997 Assent.