First National Trustco (UK) Ltd & Anor v McQuitty & Ors [2020] EWCA Civ 107 (05 February 2020)

First National Trustco (UK) Ltd & Anor v McQuitty & Ors [2020] EWCA Civ 107 (05 February 2020)

Clause 14 of the Deed of Trust is a conventional indemnity clause protecting the Trustee only for liabilities incurred by the Trustee in connection with the Trust Property or office; it does not extend to liabilities of the Owning Company for Spanish taxes, nor does it require Members or Founder Member to put Trustee in funds for such liabilities.

Citation
[2020] EWCA Civ 107
Parties
Appellant/claimant: First National Trustco (UK) Limited; Appellant/claimant: Bahia Blanca Club B Limited; Respondent/defendant: Mary Louise McQuitty; Respondent/defendant: Paul Donald Page; Respondent/defendant: Bahia Blanca Leisure Limited; Respondent/defendant: Bahia Blanca Leisure SL
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Indemnity Clauses, Timeshare Schemes, Trustee Liability, Contract Interpretation
Trusts Contract Property Indemnity Clauses Timeshare Schemes Trustee Liability Contract Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

First National Trustco (UK) Limited

Appellant/claimant

Bahia Blanca Club B Limited

Appellant/claimant

Mary Louise McQuitty

Respondent/defendant

Paul Donald Page

Respondent/defendant

Bahia Blanca Leisure Limited

Respondent/defendant

Bahia Blanca Leisure SL

Respondent/defendant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Proper construction of indemnity clause in Deed of Trust (Clause 14)
  2. 2 Whether Clause 14 obliges Club Members or Founder Member to indemnify Trustee for Spanish taxes levied on Owning Company

Ratio Decidendi

Clause 14 of the Deed of Trust is a conventional indemnity clause protecting the Trustee only for liabilities incurred by the Trustee in connection with the Trust Property or office; it does not extend to liabilities of the Owning Company for Spanish taxes, nor does it require Members or Founder Member to put Trustee in funds for such liabilities.

Court Disposition

Appeal dismissed