Henchley & Ors v Thompson & Anor (Re WCC Henchley Trust) [2024] EWHC 607 (Ch) (26 March 2024)

Henchley & Ors v Thompson & Anor (Re WCC Henchley Trust) [2024] EWHC 607 (Ch) (26 March 2024)

The Claimants' objections to the Updated Account do not comply with court orders or CPR PD 40A, lack evidential basis, and are dismissed. The Updated Account is approved and settled. No monetary judgment is entered against the estate. The exoneration clause and limitation bar any personal liability. The claim is dismissed.

Citation
[2024] EWHC 607 (Ch)
Parties
Claimant/respondent: Claire Henchley; Claimant/respondent: Elizabeth Anne Baxendale; Claimant/respondent: Vivien Mash; Claimant/respondent: Natasha Jade Khambhaita; Claimant/respondent: Tori Brittany Khambhaita; Claimant/respondent: Charles Martin Mash; Claimant/respondent: Nicholas John Mash; Claimant/respondent: James Henchley Mash; Claimant/respondent: Caroline Elizabeth Beddall; First Defendant/applicant: Patricia Thompson CBE; Second Defendant/respondent: Katharine Woodward
Jurisdiction
England and Wales
Judgment Date
26 March 2024
Procedural Posture
Part 8 Claim / Final Judgment on Application to Approve and Settle Updated Account
Outcome
Claim dismissed; Updated Account approved and settled; no monetary judgment against estate.
Legal Topics
Trustee Accounts, Beneficiary Objections, Trust Administration, Limitation, Exoneration Clause, Civil Procedure Compliance
Trusts and Probate Property Law Trustee Accounts Beneficiary Objections Trust Administration Limitation Exoneration Clause Civil Procedure Compliance

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Parties

Claire Henchley

Claimant/respondent

Elizabeth Anne Baxendale

Claimant/respondent

Vivien Mash

Claimant/respondent

Natasha Jade Khambhaita

Claimant/respondent

Tori Brittany Khambhaita

Claimant/respondent

Charles Martin Mash

Claimant/respondent

Nicholas John Mash

Claimant/respondent

James Henchley Mash

Claimant/respondent

Caroline Elizabeth Beddall

Claimant/respondent

Patricia Thompson CBE

First Defendant/applicant

Katharine Woodward

Second Defendant/respondent

Procedural Posture

Part 8 Claim / Final Judgment on Application to Approve and Settle Updated Account

Legal Issues

  1. 1 Whether the Updated Account of the WCC Henchley Trust should be approved and settled
  2. 2 Whether the Claimants' objections comply with court orders and CPR PD 40A
  3. 3 Whether any objections are permitted, proved, and quantified

Ratio Decidendi

The Claimants' objections to the Updated Account do not comply with court orders or CPR PD 40A, lack evidential basis, and are dismissed. The Updated Account is approved and settled. No monetary judgment is entered against the estate. The exoneration clause and limitation bar any personal liability. The claim is dismissed.

Court Disposition

Claim dismissed; Updated Account approved and settled; no monetary judgment against estate.

Orders

  • Updated Account of WCC Henchley Trust approved and settled.
  • Balance of Claimants' claim dismissed.