Barnes & Ors v Tomlinson & Ors
The trustees acted honestly and in good faith, did not fall below acceptable standards of conduct, and payments received were not evidence of dishonesty; claims against them must be dismissed.
- Parties
- Claimant: Derek Hugh Barnes; Claimant: Lesley Ann Barnes; Claimant: Dominic Hugh Barnes; Claimant: Natasha Heath Smith; Claimant: Charlotte Heath Smith; Defendant: Brian Tomlinson; Defendant: Peter William Bretherton; Defendant: Marjorie Burton
- Jurisdiction
- England and Wales
- Judgment Date
- 07 December 2006
- Procedural Posture
- Breach of Trust / Final Judgment
- Outcome
- claims dismissed
- Legal Topics
- Breach of Trust, Trustee Duties, Director Emoluments, Dishonesty, Exclusion Clauses, Reflective Loss
Case Brief
Summary, issues, holding and outcome
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Parties
Derek Hugh Barnes
Claimant
Lesley Ann Barnes
Claimant
Dominic Hugh Barnes
Claimant
Natasha Heath Smith
Claimant
Charlotte Heath Smith
Claimant
Brian Tomlinson
Defendant
Peter William Bretherton
Defendant
Marjorie Burton
Defendant
Procedural Posture
Breach of Trust / Final Judgment
Legal Issues
- 1 Whether trustees acted dishonestly or in breach of trust in accepting emoluments and ex gratia payments
- 2 Whether trustees failed to protect beneficiaries' interests by permitting directors to remain in office
- 3 Whether payments to trustees are recoverable by the Settlement
Ratio Decidendi
The trustees acted honestly and in good faith, did not fall below acceptable standards of conduct, and payments received were not evidence of dishonesty; claims against them must be dismissed.
Court Disposition
claims dismissed
Full Case Text
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