Margaret Rosalind Stokell & Ors, Re

Margaret Rosalind Stokell & Ors, Re

The trustees are authorised to implement the proposed claims procedure and to proceed with the winding up and distribution of the Trust, with court supervision and protection, because the process is fair, proportionate, and necessary to achieve lawful finality in the administration of the Trust in the face of unresolved claims risk. The trust deed confers the necessary powers, the trustees have acted within their fiduciary duties, and extended Re Benjamin relief is justified.

Parties
Claimant: Margaret Rosalind Stokell; Claimant: Colin Charles Sheridan Ridley; Claimant: James Peter Hall; Claimant: Simeon Paul White
Jurisdiction
England and Wales
Judgment Date
05 May 2026
Procedural Posture
Part 8 Claim Under CPR Part 64 (trust Administration) / Application for Court Directions and Approval of Trust Administration Procedure
Outcome
Application granted
Legal Topics
Trust Administration, Re Benjamin Orders, Fiduciary Duties, Winding Up of Trusts, Court Supervision of Trustees
Trusts Equity Trust Administration Re Benjamin Orders Fiduciary Duties Winding Up of Trusts Court Supervision of Trustees

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Parties

Margaret Rosalind Stokell

Claimant

Colin Charles Sheridan Ridley

Claimant

James Peter Hall

Claimant

Simeon Paul White

Claimant

Procedural Posture

Part 8 Claim Under CPR Part 64 (trust Administration) / Application for Court Directions and Approval of Trust Administration Procedure

Legal Issues

  1. 1 Whether trustees have power to adopt and implement the proposed claims and resolution procedure
  2. 2 Whether trustees are acting for proper purposes and in accordance with fiduciary duties
  3. 3 Whether the court should grant extended Re Benjamin relief to protect trustees and enable lawful finality

Ratio Decidendi

The trustees are authorised to implement the proposed claims procedure and to proceed with the winding up and distribution of the Trust, with court supervision and protection, because the process is fair, proportionate, and necessary to achieve lawful finality in the administration of the Trust in the face of unresolved claims risk. The trust deed confers the necessary powers, the trustees have acted within their fiduciary duties, and extended Re Benjamin relief is justified.

Court Disposition

Application granted

Orders

  • Trustees are authorised and directed to implement the proposed claims procedure as set out in the Order, with court supervision and protection from personal liability.
  • Trustees may proceed to administer and distribute the Trust in accordance with the trust deed and the list of Listed Beneficiaries, subject to the claims procedure and retention provisions.