Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) & Ors [2005] EWCA Civ 248 (11 March 2005)

Jemma Trust Company Ltd v Kippax Beaumont Lewis (A Firm) & Ors [2005] EWCA Civ 248 (11 March 2005)

Although Kippax Beaumont Lewis were negligent in several respects, including failing to act neutrally as executors and failing to obtain actuarial evidence, the claimant failed to prove that any such negligence caused loss. There was no real or substantial prospect that the payment to Lady Hulton would have been less than £750,000 or that the costs would have been avoided, even with competent advice and conduct.

Citation
[2005] EWCA Civ 248
Parties
Claimant/appellant: Jemma Trust Company Limited; Defendants/respondent: Kippax Beaumont Lewis (a firm) and others
Jurisdiction
England and Wales
Judgment Date
11 March 2005
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed; original order upheld.
Legal Topics
Executor and Trustee Duties, Deed of Variation, Inheritance Tax, Capital Gains Tax, Court of Protection, Fiduciary Duties, Negligence, Damages
Trusts and Estates Professional Negligence Tax Law Executor and Trustee Duties Deed of Variation Inheritance Tax Capital Gains Tax Court of Protection +3 more

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Parties

Jemma Trust Company Limited

Claimant/appellant

Kippax Beaumont Lewis (a firm) and others

Defendants/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether Kippax Beaumont Lewis were negligent in their advice and conduct regarding the deed of variation and capital gains tax matters for the Hulton estate.
  2. 2 Whether any negligence caused loss to the claimant.

Ratio Decidendi

Although Kippax Beaumont Lewis were negligent in several respects, including failing to act neutrally as executors and failing to obtain actuarial evidence, the claimant failed to prove that any such negligence caused loss. There was no real or substantial prospect that the payment to Lady Hulton would have been less than £750,000 or that the costs would have been avoided, even with competent advice and conduct.

Court Disposition

Appeal dismissed; original order upheld.

Orders

  • Claim in the DoV action dismissed; no damages awarded.
  • Enquiry as to loss in the CGT action directed (not resolved in this judgment).