Baker v BDS [2021] EWHC 3755 (Ch) (10 December 2021)

Baker v BDS [2021] EWHC 3755 (Ch) (10 December 2021)

It is expedient and appropriate under section 57 of the Trustee Act 1925 to remove the requirement for a professional trustee, as BDS has capacity to manage the trust and the continued requirement is unnecessary and incurs avoidable costs.

Citation
[2021] EWHC 3755 (Ch)
Parties
Claimant: Niall David Baker; Defendant: BDS
Jurisdiction
England and Wales
Judgment Date
10 December 2021
Procedural Posture
Part 8 Claim (chancery Division) / Judgment on Application to Amend Trust Deed
Outcome
Application granted
Legal Topics
Variation of Trust Deed, Professional Trustees, Section 57 Trustee Act 1925, Personal Injury Trusts
Trusts Equity Personal Injury Variation of Trust Deed Professional Trustees Section 57 Trustee Act 1925 Personal Injury Trusts

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Parties

Niall David Baker

Claimant

BDS

Defendant

Procedural Posture

Part 8 Claim (chancery Division) / Judgment on Application to Amend Trust Deed

Legal Issues

  1. 1 Whether the court should authorise amendment of a trust deed to remove the requirement for a professional trustee under section 57 of the Trustee Act 1925

Ratio Decidendi

It is expedient and appropriate under section 57 of the Trustee Act 1925 to remove the requirement for a professional trustee, as BDS has capacity to manage the trust and the continued requirement is unnecessary and incurs avoidable costs.

Court Disposition

Application granted

Orders

  • From the date of the order, there is no longer a requirement that at least one trustee be a professional trustee.
  • Trustees, so long as they are two in number or a trust corporation, may deal with the capital of the trust fund without a professional trustee.