Greenwold v Pike

Given the clear difference of opinion between counsel and the existence of evidence supporting a rectification claim, it is inappropriate to resolve the construction issue or give directions without a full hearing. The matter should proceed to trial for final determination.

Parties: Claimant: Natalie Karen Helen Greenwold; Respondent: 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: Application for directions refused; leave granted to amend claim for trial.
Legal Topics: Construction of Trust Instrument, Rectification, Trustee Directions

Trusts and Estates Construction of Trust Instrument Rectification Trustee Directions

Case Brief

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Parties

Natalie Karen Helen Greenwold

Claimant

Charles Lander Pike

Respondent

Procedural Posture

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

Legal Issues

1 Whether the word 'spouse' in clause 1(8)(b) of the Settlement includes 'widow'
2 Whether clause 7.1 of the Settlement is meaningless and of no effect
3 Whether the court should give directions under s.48 Administration Justice Act 1985 without hearing argument

Ratio Decidendi

Court Disposition

Application for directions refused; leave granted to amend claim for trial.

Orders

Leave to amend the Claim Form to enable trial of the issues.
Consideration to be given to joinder of Mrs Greenwold and a representative for other beneficiaries.