Rollerteam Limited v Linda Riley & Anor

Rollerteam Limited v Linda Riley & Anor

Linda Riley was obliged, as trustee, to comply with Rollerteam's direction to transfer Parkgate with vacant possession under clause 10 of the trust deed and section 11(1)(b) of the Trusts of Land and Appointment of Trustees Act 1996. Her refusal constituted breach of trust. Stephen and Elizabeth were bare licencees without proprietary or contractual rights binding Rollerteam. No mutuality of obligation or implied term altered Linda's duties. Linda was not in breach of clause 3 of the trust deed by permitting their occupancy.

Parties
Claimant: Rollerteam Limited; 1st Defendant: Linda Riley; 2nd Defendant: Stephen Riley
Jurisdiction
England and Wales
Judgment Date
25 January 2023
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Rollerteam Limited on core issues; breach of trust found against Linda Riley; Stephen Riley's occupancy not protected by proprietary or contractual rights; further directions to be agreed by parties.
Legal Topics
Trusts of Land, Appointment of Trustees, Breach of Trust, Vacant Possession, Beneficial Ownership, Contractual Licence, Mutuality of Obligation
Trusts Property Probate Trusts of Land Appointment of Trustees Breach of Trust Vacant Possession Beneficial Ownership +2 more

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Parties

Rollerteam Limited

Claimant

Linda Riley

1st Defendant

Stephen Riley

2nd Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Linda Riley was obliged to procure vacant possession of Parkgate on transfer or sale under the trust deed or general law
  2. 2 Whether the trust deed incorporated terms of mutuality of obligation affecting transfer or sale
  3. 3 Whether Linda Riley was in breach of trust in permitting occupants to remain at Parkgate

Ratio Decidendi

Linda Riley was obliged, as trustee, to comply with Rollerteam's direction to transfer Parkgate with vacant possession under clause 10 of the trust deed and section 11(1)(b) of the Trusts of Land and Appointment of Trustees Act 1996. Her refusal constituted breach of trust. Stephen and Elizabeth were bare licencees without proprietary or contractual rights binding Rollerteam. No mutuality of obligation or implied term altered Linda's duties. Linda was not in breach of clause 3 of the trust deed by permitting their occupancy.

Court Disposition

Judgment for Rollerteam Limited on core issues; breach of trust found against Linda Riley; Stephen Riley's occupancy not protected by proprietary or contractual rights; further directions to be agreed by parties.

Orders

  • Transfer of Parkgate to Rollerteam effected; Parkgate mortgage discharged; Parkgate trust brought to an end.
  • Parties to cooperate in narrowing and defining outstanding issues and agreeing directions to conclude proceedings.