Howard v Howard -Lawson [2013] EWCA Civ 654 (12 June 2013)

Howard v Howard -Lawson [2013] EWCA Civ 654 (12 June 2013)

The application was dismissed because the trial judge's findings of fact were supported by evidence, the applicant received independent legal advice, there was no undue influence or actionable non-disclosure, and any claims were either barred by laches, statute of limitations, or had vested in the trustee-in-bankruptcy and been sold. Procedural complaints did not amount to a denial of a fair trial.

Citation
[2013] EWCA Civ 654
Parties
Claimant/appellant: Philip William Howard; Defendant/respondent: Sir John Howard-Lawson
Jurisdiction
England and Wales
Judgment Date
12 June 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Undue Influence, Breach of Trust, Partition of Trust Property, Bankruptcy and Trustee Powers, Equitable Compensation, Case Management, Laches, Statute of Limitations
Trusts and Estates Property Law Civil Procedure Undue Influence Breach of Trust Partition of Trust Property Bankruptcy and Trustee Powers Equitable Compensation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Philip William Howard

Claimant/appellant

Sir John Howard-Lawson

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the execution of the powers deed and partition were procured by undue influence or lack of disclosure
  2. 2 Whether the claimant is entitled to set aside the partition or obtain equitable compensation
  3. 3 Whether procedural irregularities at trial justify setting aside the judgment

Ratio Decidendi

The application was dismissed because the trial judge's findings of fact were supported by evidence, the applicant received independent legal advice, there was no undue influence or actionable non-disclosure, and any claims were either barred by laches, statute of limitations, or had vested in the trustee-in-bankruptcy and been sold. Procedural complaints did not amount to a denial of a fair trial.

Court Disposition

Application for permission to appeal dismissed