Claire Henchley & Ors v Patricia Thompson CBE & Anor

Claire Henchley & Ors v Patricia Thompson CBE & Anor

None of the Claimants' objections to the Updated Account comply with the procedural requirements of the court's orders or CPR PD 40A. The objections are either procedurally defective, impermissible new points, company-level objections, or attempts to surcharge, all of which are not allowed in an account in common form. The Updated Account is supported by contemporaneous evidence and has been properly prepared. Accordingly, the Updated Account is approved and settled, and the balance of the Claimants' claim is dismissed.

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 November 2024
Procedural Posture
Trusts/probate (account Approval) / Judgment on Application to Approve and Settle Updated Account
Outcome
Claim dismissed; Updated Account approved and settled
Legal Topics
Trustee's Duty to Account, Approval of Trust Accounts, Beneficiaries' Objections, Procedural Compliance, Surcharge and Falsification of Accounts
Trusts and Estates Probate Civil Procedure Trustee's Duty to Account Approval of Trust Accounts Beneficiaries' Objections Procedural Compliance Surcharge and Falsification of Accounts

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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

Trusts/probate (account Approval) / Judgment on Application to Approve and Settle Updated Account

Legal Issues

  1. 1 What objections to the Updated Account are permitted under the relevant orders and rules?
  2. 2 Do the Claimants' objections comply with procedural requirements?
  3. 3 Are any objections company-level or attempts to surcharge, and thus impermissible?

Ratio Decidendi

None of the Claimants' objections to the Updated Account comply with the procedural requirements of the court's orders or CPR PD 40A. The objections are either procedurally defective, impermissible new points, company-level objections, or attempts to surcharge, all of which are not allowed in an account in common form. The Updated Account is supported by contemporaneous evidence and has been properly prepared. Accordingly, the Updated Account is approved and settled, and the balance of the Claimants' claim is dismissed.

Court Disposition

Claim dismissed; Updated Account approved and settled

Orders

  • The Updated Account is approved and settled.
  • The balance of the Claimants' claim is dismissed.