Sofer v Swissindependent Trustees SA [2019] EWHC 2071 (Ch) (02 August 2019)

Sofer v Swissindependent Trustees SA [2019] EWHC 2071 (Ch) (02 August 2019)

The claim as pleaded (including the proposed amendments) does not sufficiently allege facts amounting to a fraudulent or dishonest breach of trust as required to overcome the trustee exoneration clause. The claimant's allegations are consistent with honest incompetence or negligence, not dishonesty. Therefore, the claim discloses no reasonable grounds for bringing the claim and is struck out. Permission to amend is refused as the amendments do not cure the pleading defects.

Citation
[2019] EWHC 2071 (Ch)
Parties
Claimant/respondent: Robert Sofer; Defendant/applicant: SwissIndependent Trustees SA
Jurisdiction
England and Wales
Judgment Date
02 August 2019
Procedural Posture
High Court Chancery Division (property, Trusts and Probate) / Interlocutory Applications: Strike Out/summary Judgment and Permission to Amend Particulars of Claim
Outcome
Claim struck out; permission to amend refused.
Legal Topics
Trustee Exoneration Clauses, Breach of Trust, Summary Judgment, Strike Out Applications, Trustee Indemnity, Trust Law Pleading Requirements
Trusts and Estates Equity Civil Procedure Trustee Exoneration Clauses Breach of Trust Summary Judgment Strike Out Applications Trustee Indemnity +1 more

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Parties

Robert Sofer

Claimant/respondent

SwissIndependent Trustees SA

Defendant/applicant

Procedural Posture

High Court Chancery Division (property, Trusts and Probate) / Interlocutory Applications: Strike Out/summary Judgment and Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claim for breach of trust should be struck out or summarily dismissed due to the operation of a trustee exoneration clause and/or deeds of indemnity; Whether the claimant's pleadings sufficiently allege dishonesty or fraudulent breach of trust to overcome the exoneration clause; Whether permission should be granted to amend the particulars of claim.

Ratio Decidendi

The claim as pleaded (including the proposed amendments) does not sufficiently allege facts amounting to a fraudulent or dishonest breach of trust as required to overcome the trustee exoneration clause. The claimant's allegations are consistent with honest incompetence or negligence, not dishonesty. Therefore, the claim discloses no reasonable grounds for bringing the claim and is struck out. Permission to amend is refused as the amendments do not cure the pleading defects.

Court Disposition

Claim struck out; permission to amend refused.

Orders

  • The claim is struck out pursuant to CPR rule 3.4(2).
  • Permission to amend the particulars of claim is refused.