Twin Benefits Ltd v Barker

Mr. Barker, as protector, did not owe the alleged fiduciary duties to Tom and Freya Barker; any claims for breach of duty or restitution were compromised by the prior settlement and court order, and procedural rights to challenge that order are not assignable or enforceable in separate proceedings. No serious issue to be tried exists, and the claims do not fall within the relevant jurisdictional gateway for service out of jurisdiction.

Parties: Claimant: Twin Benefits Limited; First Defendant: Iain Paul Barker; Second Defendant: Confiance Limited
Jurisdiction: England and Wales
Judgment Date: 19 June 2017
Procedural Posture: Civil / Ruling on Jurisdiction and Service Out of Jurisdiction
Outcome: Application allowed; service out of jurisdiction set aside.
Legal Topics: Employee Benefit Trusts, Fiduciary Duties, Jurisdiction, Assignment of Claims, Service Out of Jurisdiction

Trusts Civil Procedure Employee Benefit Trusts Fiduciary Duties Jurisdiction Assignment of Claims Service Out of Jurisdiction

Case Brief

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Parties

Twin Benefits Limited

Claimant

Iain Paul Barker

First Defendant

Confiance Limited

Second Defendant

Procedural Posture

Civil / Ruling on Jurisdiction and Service Out of Jurisdiction

Legal Issues

1 Whether Mr. Barker owed fiduciary duties to Tom and Freya Barker as protector of the trust
2 Whether Tom and Freya Barker had locus standi to bring claims
3 Whether claims were compromised by prior settlement and court order

Ratio Decidendi

Court Disposition

Application allowed; service out of jurisdiction set aside.

Orders

Order of Master Price permitting service out and service of proceedings out of jurisdiction on Mr. Barker set aside.