Ball v Ball & Anor [2020] EWHC 1020 (Ch) (05 May 2020)

Ball v Ball & Anor [2020] EWHC 1020 (Ch) (05 May 2020)

The court found that Christopher and Jennifer had adequately discharged their obligation to account by providing detailed information in correspondence and witness statements. No further account was required, and ordering one would serve no practical purpose. The claim was therefore dismissed.

Citation
[2020] EWHC 1020 (Ch)
Parties
Claimant: Jonathan Macartney Ball; Defendant: Christopher Ball; Defendant: Jennifer Westway
Jurisdiction
England and Wales
Judgment Date
05 May 2020
Procedural Posture
Part 8 Claim (trusts/probate) / Judgment After Disposal Hearing
Outcome
Claim dismissed
Legal Topics
Trustee Duties, Right to Account, Beneficiary Rights, Acquiescence, Family Business Trusts
Trusts and Estates Probate Equity Trustee Duties Right to Account Beneficiary Rights Acquiescence Family Business Trusts

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Parties

Jonathan Macartney Ball

Claimant

Christopher Ball

Defendant

Jennifer Westway

Defendant

Procedural Posture

Part 8 Claim (trusts/probate) / Judgment After Disposal Hearing

Legal Issues

  1. 1 Whether the trustees (Christopher and Jennifer) have provided a sufficient account of the administration of Father's Will Trust
  2. 2 Whether the claimant (Jonathan) is entitled to an order for an account
  3. 3 Whether acquiescence or other factors justify refusing an account

Ratio Decidendi

The court found that Christopher and Jennifer had adequately discharged their obligation to account by providing detailed information in correspondence and witness statements. No further account was required, and ordering one would serve no practical purpose. The claim was therefore dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for an account dismissed
  • No further order for an account to be made