Le Marchant & Anor v Denby & Ors

Le Marchant & Anor v Denby & Ors

The 1976 Deed did not remove the trustees' power to revoke or vary the 1974 appointment of Sub-Fund A. The appointment in favour of Mr Denby remained revocable at all times up to 1992, and the 1992 Deed of Revocation and New Appointment was valid. Mr Denby was not absolutely entitled to the fund.

Parties
Claimant: Piers Alfred Le Marchant; Claimant: Richard Charles Kirby; Defendant: Alan Timothy Denby; Defendant: Georgia Denby; Defendant: Lucinda Denby; Defendant: Tina Denby; Defendant: Maxine Denby; Defendant: Sebastian Denby (a minor by his litigation friend Stephen Giles Cooke)
Jurisdiction
England and Wales
Judgment Date
31 January 2007
Procedural Posture
Part 8 Claim (trusts) / Judgment After Hearing
Outcome
Claim dismissed; trust corporation to be substituted as trustee; costs to be determined.
Legal Topics
Revocation of Trust Appointments, Construction of Trust Deeds, Trustee Powers, Beneficiary Rights
Trusts Equity Revocation of Trust Appointments Construction of Trust Deeds Trustee Powers Beneficiary Rights

Case Brief

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Parties

Piers Alfred Le Marchant

Claimant

Richard Charles Kirby

Claimant

Alan Timothy Denby

Defendant

Georgia Denby

Defendant

Lucinda Denby

Defendant

Tina Denby

Defendant

Maxine Denby

Defendant

Sebastian Denby (a minor by his litigation friend Stephen Giles Cooke)

Defendant

Procedural Posture

Part 8 Claim (trusts) / Judgment After Hearing

Legal Issues

  1. 1 Whether the 1974 appointment of Sub-Fund A to Mr Denby became irrevocable by virtue of the 1976 Deed or otherwise
  2. 2 Whether the 1992 Deed of Revocation and New Appointment was valid

Ratio Decidendi

The 1976 Deed did not remove the trustees' power to revoke or vary the 1974 appointment of Sub-Fund A. The appointment in favour of Mr Denby remained revocable at all times up to 1992, and the 1992 Deed of Revocation and New Appointment was valid. Mr Denby was not absolutely entitled to the fund.

Court Disposition

Claim dismissed; trust corporation to be substituted as trustee; costs to be determined.

Orders

  • St Andrew Trustees Limited to be substituted as trustee in place of Mr le Marchant.
  • Court to hear parties on the form of order and costs.