Bonham & Ors v Blake Lapthorn Linell (A Firm) & Anor

Bonham & Ors v Blake Lapthorn Linell (A Firm) & Anor

The claims against Mr Fishwick and Blake Lapthorn are dismissed because the Bonham-Cozens litigation was pursued for proper purposes, had reasonable prospects of success, and the costs were properly and reasonably incurred. The trustee exemption clause applies, and no breach of trust or negligence is established.

Parties
Claimant: Toby Jack Magwood Bonham; Claimant: Michael John Nicholson Steele; Claimant: Jennifer Hailey Bonham; Defendant: Blake Lapthorn Linell (a firm); Defendant: David Reginald Alexander Fishwick
Jurisdiction
England and Wales
Judgment Date
16 October 2006
Procedural Posture
Civil / Final Judgment
Outcome
claims dismissed
Legal Topics
Breach of Trust, Statutory Indemnity, Beddoe Order, Trustee Exemption Clause, Fiduciary Duty, Conflict of Interest, Negligence, Costs Liability
Trusts Civil Procedure Professional Negligence Breach of Trust Statutory Indemnity Beddoe Order Trustee Exemption Clause Fiduciary Duty +3 more

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Parties

Toby Jack Magwood Bonham

Claimant

Michael John Nicholson Steele

Claimant

Jennifer Hailey Bonham

Claimant

Blake Lapthorn Linell (a firm)

Defendant

David Reginald Alexander Fishwick

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Who should bear the costs and expenses of the Bonham-Cozens litigation?
  2. 2 Did the trustees act in breach of trust by pursuing litigation without a Beddoe order?
  3. 3 Were the costs properly and reasonably incurred?

Ratio Decidendi

The claims against Mr Fishwick and Blake Lapthorn are dismissed because the Bonham-Cozens litigation was pursued for proper purposes, had reasonable prospects of success, and the costs were properly and reasonably incurred. The trustee exemption clause applies, and no breach of trust or negligence is established.

Court Disposition

claims dismissed