Gavin Littaur v Alistair Collett & Ors

Gavin Littaur v Alistair Collett & Ors

The trustees have provided all information and accounts required by law to the claimant, repeatedly and in detail, and have satisfied their duty to account. No further account or inquiry is warranted. The claim is dismissed. Costs follow the event and are to be paid by the claimant personally.

Parties
Claimant: Gavin Littaur; First Defendant (trustee): Alistair Collett; Second Defendant (trustee): Elizabeth Neale; Third Defendant (intervenor/beneficiary): Dr Glen Fox
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Part 8 Claim (trusts) / Judgment After Disposal Hearing
Outcome
Claim dismissed in its entirety
Legal Topics
Trustees' Duty to Account, Provision of Trust Information to Beneficiaries, Inquiry Into Trust Asset Disposition, Costs in Trust Litigation, Capacity of Beneficiary
Trusts Probate Property Law Trustees' Duty to Account Provision of Trust Information to Beneficiaries Inquiry Into Trust Asset Disposition Costs in Trust Litigation Capacity of Beneficiary

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Parties

Gavin Littaur

Claimant

Alistair Collett

First Defendant (trustee)

Elizabeth Neale

Second Defendant (trustee)

Dr Glen Fox

Third Defendant (intervenor/beneficiary)

Procedural Posture

Part 8 Claim (trusts) / Judgment After Disposal Hearing

Legal Issues

  1. 1 Whether trustees have complied with their duty to account to the beneficiary under the Marriage Settlement
  2. 2 Whether an inquiry into the disposition of trust assets (specifically 84 Wildwood Road) is warranted
  3. 3 Whether the beneficiary (Dr Fox) has capacity to participate in proceedings

Ratio Decidendi

The trustees have provided all information and accounts required by law to the claimant, repeatedly and in detail, and have satisfied their duty to account. No further account or inquiry is warranted. The claim is dismissed. Costs follow the event and are to be paid by the claimant personally.

Court Disposition

Claim dismissed in its entirety

Orders

  • Claim dismissed
  • Claimant to pay the defendants' costs of the Part 8 claim personally