Jemma Trust Company Ltd v Lewis & Ors [2004] EWHC 703 (Ch) (01 April 2004)

Jemma Trust Company Ltd v Lewis & Ors [2004] EWHC 703 (Ch) (01 April 2004)

KBL was negligent in advising executors to take a central, pro-active role in promoting the deed of variation and application, placing them in conflict of fiduciary duties; KBL failed to advise on obtaining actuary's report and to act openly and even-handedly with Lady Hulton's family, resulting in excessive payment and unnecessary costs.

Citation
[2004] EWHC 703 (Ch)
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 / Final Judgment
Outcome
Claim for professional negligence against KBL upheld in part
Legal Topics
Executor Fiduciary Duties, Solicitor Duty of Care, Inheritance Tax Act 1984 S.142, Court of Protection Applications, Capital Gains Tax Advice, Deed of Variation, Conflict of Interest
Trusts and Estates Professional Negligence Tax Law Executor Fiduciary Duties Solicitor Duty of Care Inheritance Tax Act 1984 S.142 Court of Protection Applications Capital Gains Tax Advice +2 more

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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 / Final Judgment

Legal Issues

  1. 1 Whether KBL breached duty of care owed to executors and trustees in advising on tax matters and deed of variation
  2. 2 Whether KBL's conduct resulted in excessive payment to Lady Hulton and unnecessary costs
  3. 3 Whether KBL failed to advise on obtaining valuations and actuary's report

Ratio Decidendi

KBL was negligent in advising executors to take a central, pro-active role in promoting the deed of variation and application, placing them in conflict of fiduciary duties; KBL failed to advise on obtaining actuary's report and to act openly and even-handedly with Lady Hulton's family, resulting in excessive payment and unnecessary costs.

Court Disposition

Claim for professional negligence against KBL upheld in part

Orders

  • KBL found negligent in respect of advice and conduct relating to deed of variation and application
  • Damages to be assessed for excessive payment to Lady Hulton and unnecessary costs incurred