Greenwold v Pike [2007] EWHC 2202 (Ch) (21 September 2007)

Greenwold v Pike [2007] EWHC 2202 (Ch) (21 September 2007)

Given the clear difference of opinion between qualified counsel and the existence of minors among the beneficiaries, it is inappropriate to resolve the construction issue or admit evidence of intention without a full hearing. The matter should proceed to trial for final determination.

Citation
[2007] EWHC 2202 (Ch)
Parties
Claimant: Natalie Karen Helen Greenwold; Defendant: Charles Lander Pike
Jurisdiction
England and Wales
Judgment Date
21 September 2007
Procedural Posture
Application Under S.48 Administration Justice Act 1985 / Interlocutory Application for Directions
Outcome
Leave granted to amend the Claim Form for trial.
Legal Topics
Construction of Trust Instruments, Rectification, Interpretation of 'spouse' in Settlements
Trusts and Estates Equity Construction of Trust Instruments Rectification Interpretation of 'spouse' in Settlements

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Parties

Natalie Karen Helen Greenwold

Claimant

Charles Lander Pike

Defendant

Procedural Posture

Application Under S.48 Administration Justice Act 1985 / Interlocutory Application for Directions

Legal Issues

  1. 1 Whether 'spouse' in clause 1(8)(b) of the Settlement includes 'widow'
  2. 2 Whether clause 7.1 of the Settlement is meaningless and of no effect
  3. 3 Whether evidence of settlor's intention is admissible for construction or only for rectification

Ratio Decidendi

Given the clear difference of opinion between qualified counsel and the existence of minors among the beneficiaries, it is inappropriate to resolve the construction issue or admit evidence of intention without a full hearing. The matter should proceed to trial for final determination.

Court Disposition

Leave granted to amend the Claim Form for trial.

Orders

  • Claimants granted leave to amend the Claim Form to enable the matter to be determined at trial.
  • Consideration to be given to joining Mrs Greenwold and a representative for the other beneficiaries.