Barnsley & Ors v Noble [2015] EWCA Civ 875 (30 June 2015)

Barnsley & Ors v Noble [2015] EWCA Civ 875 (30 June 2015)

The claimants have an arguable case that the exoneration clause does not protect Philip if he did not act in good faith or committed wilful wrongdoing, and should be allowed to develop these arguments on appeal.

Citation
[2015] EWCA Civ 875
Parties
Claimant/appellant: John Corbitt Barnsley; Claimant/appellant: Gillian Elizabeth Noble; Claimant/appellant: LGL Trustees Limited; Claimant/appellant: LGL Nominees Limited; Defendant/respondent: Philip Noble
Jurisdiction
England and Wales
Judgment Date
30 June 2015
Procedural Posture
Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted
Legal Topics
Exoneration Clauses, Self Dealing, Breach of Trust, Fiduciary Duties, Interpretation of Wills
Trusts and Estates Equity Exoneration Clauses Self Dealing Breach of Trust Fiduciary Duties Interpretation of Wills

Case Brief

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Parties

John Corbitt Barnsley

Claimant/appellant

Gillian Elizabeth Noble

Claimant/appellant

LGL Trustees Limited

Claimant/appellant

LGL Nominees Limited

Claimant/appellant

Philip Noble

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the exoneration clause in the will protects the trustee from liability for self-dealing absent good faith
  2. 2 Proper interpretation of 'wilful and individual fraud or wrongdoing' in the exoneration clause
  3. 3 Whether the trustee acted in good faith

Ratio Decidendi

The claimants have an arguable case that the exoneration clause does not protect Philip if he did not act in good faith or committed wilful wrongdoing, and should be allowed to develop these arguments on appeal.

Court Disposition

Permission to appeal granted

Orders

  • Claimants granted permission to appeal on grounds relating to the exoneration clause, good faith, and related issues.