Goodrich & Ors v AB & Ors [2022] EWHC 81 (Ch) (21 January 2022)

Goodrich & Ors v AB & Ors [2022] EWHC 81 (Ch) (21 January 2022)

The widest construction applies to 'retired officers or employees', including those who leave before or after retirement age, join competitors, die in service, or are 'bad leavers'; 'spouse' includes civil partners and same-sex spouses; 'children' includes stepchildren; surviving spouses, children, and remoter issue of officers/employees who die in service are included; trustees may share information and take account of each other's distributions.

Citation
[2022] EWHC 81 (Ch)
Parties
Claimant: Leonard Goodrich; Claimant: Clare Jeffries; Claimant: Sara Cohen; Claimant: Simon Catt; Defendant: AB; Defendant: CD; Defendant: EF; Defendant: GH; Defendant: IJ; Defendant: KL; Defendant: MN
Jurisdiction
England and Wales
Judgment Date
21 January 2022
Procedural Posture
Construction Application and Information Application Under Trust Law / Judgment on Construction and Information Applications
Outcome
Declarations granted on construction of trust deed; issues determined in favour of widest and wider meanings; trustees permitted to share information and take account of distributions.
Legal Topics
Construction of Trust Deed, Definition of Beneficiaries, Interpretation of 'retired Officers or Employees', Interpretation of 'spouse', Interpretation of 'children', Application of Human Rights Act, Non Discrimination, Distribution of Trust Assets
Trusts Property Probate Human Rights Construction of Trust Deed Definition of Beneficiaries Interpretation of 'retired Officers or Employees' Interpretation of 'spouse' +4 more

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Parties

Leonard Goodrich

Claimant

Clare Jeffries

Claimant

Sara Cohen

Claimant

Simon Catt

Claimant

AB

Defendant

CD

Defendant

EF

Defendant

GH

Defendant

IJ

Defendant

KL

Defendant

MN

Defendant

Procedural Posture

Construction Application and Information Application Under Trust Law / Judgment on Construction and Information Applications

Legal Issues

  1. 1 Proper construction of 'retired officers or employees' in the WBET trust deed
  2. 2 Scope of 'spouse' including civil partners and same-sex spouses
  3. 3 Definition of 'children' including stepchildren

Ratio Decidendi

The widest construction applies to 'retired officers or employees', including those who leave before or after retirement age, join competitors, die in service, or are 'bad leavers'; 'spouse' includes civil partners and same-sex spouses; 'children' includes stepchildren; surviving spouses, children, and remoter issue of officers/employees who die in service are included; trustees may share information and take account of each other's distributions.

Court Disposition

Declarations granted on construction of trust deed; issues determined in favour of widest and wider meanings; trustees permitted to share information and take account of distributions.

Orders

  • 'Retired officers or employees' construed in widest sense; includes those leaving before or after retirement age, joining competitors, dying in service, or 'bad leavers'.
  • 'Spouse' includes civil partners and same-sex spouses.