Lewis & Anor v Tamplin & Ors (Rev 1)

Lewis & Anor v Tamplin & Ors (Rev 1)

Beneficiaries are entitled to disclosure of trust documents and information relating to trust management, including professional advice and accounts, unless special circumstances exist. The Londonderry principle restricts disclosure of trustees' reasons only in the exercise of dispositive powers, not administrative ones. Legal professional privilege does not apply to advice obtained for the trust and paid from trust funds. Collective action by beneficiaries is not required for disclosure. The court's supervisory jurisdiction allows intervention to ensure trustees are accountable to beneficiaries.

Parties
Claimant: Huw Lewis; Claimant: Rhys Lewis; Claimant: Sadie Lougher; Defendant: Charles Tamplin; Defendant: Jane Wayne; Defendant: Mark Edward Wyde Tamplin
Jurisdiction
England and Wales
Judgment Date
16 April 2018
Procedural Posture
Trust Dispute / Judgment on Claim and Application
Outcome
Judgment for claimants on the Claim; Application for pre-action disclosure adjourned.
Legal Topics
Disclosure by Trustees, Beneficiary Rights, Trustee Obligations, Pre Action Disclosure, Legal Professional Privilege, Trust Accounts, Conditional Fee Agreements
Trusts Property Law Civil Procedure Disclosure by Trustees Beneficiary Rights Trustee Obligations Pre Action Disclosure Legal Professional Privilege +2 more

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Parties

Huw Lewis

Claimant

Rhys Lewis

Claimant

Sadie Lougher

Claimant

Charles Tamplin

Defendant

Jane Wayne

Defendant

Mark Edward Wyde Tamplin

Defendant

Procedural Posture

Trust Dispute / Judgment on Claim and Application

Legal Issues

  1. 1 Are beneficiaries entitled to disclosure of trust documents and information from trustees?
  2. 2 Does the Londonderry principle restrict disclosure of trustees' reasons for decisions?
  3. 3 Is collective action by beneficiaries required for disclosure?

Ratio Decidendi

Beneficiaries are entitled to disclosure of trust documents and information relating to trust management, including professional advice and accounts, unless special circumstances exist. The Londonderry principle restricts disclosure of trustees' reasons only in the exercise of dispositive powers, not administrative ones. Legal professional privilege does not apply to advice obtained for the trust and paid from trust funds. Collective action by beneficiaries is not required for disclosure. The court's supervisory jurisdiction allows intervention to ensure trustees are accountable to beneficiaries.

Court Disposition

Judgment for claimants on the Claim; Application for pre-action disclosure adjourned.

Orders

  • Defendants to disclose specified categories of trust documents and information to claimants, subject to privilege and relevance.
  • Defendants to provide copies of trust correspondence and documents as offered, at claimants' expense.