Ball v Ball & Anor
The court found that Christopher and Jennifer, as trustees, had adequately discharged their obligation to account for the administration of the Will Trust through correspondence and witness statements. The claimant’s requests for further disclosure were disproportionate and not justified. There was no basis for ordering a further account, and the claim was dismissed.
- Parties
- Claimant: Jonathan Macartney Ball; Defendant: Christopher Ball; Defendant: Jennifer Westway
- Jurisdiction
- England and Wales
- Judgment Date
- 05 May 2020
- Procedural Posture
- Trust Dispute / Judgment After Disposal Hearing
- Outcome
- Claim dismissed
- Legal Topics
- Trustee Duties, Beneficiary Rights, Accounting by Trustees, Acquiescence, Disclosure in Trust Litigation
Case Brief
Summary, issues, holding and outcome
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Parties
Jonathan Macartney Ball
Claimant
Christopher Ball
Defendant
Jennifer Westway
Defendant
Procedural Posture
Trust Dispute / Judgment After Disposal Hearing
Legal Issues
- 1 Whether the trustees provided a sufficient account of the administration of the Will Trust
- 2 Whether the claimant is entitled to an order for an account
- 3 Whether the court should exercise its discretion to order an account given the circumstances
Ratio Decidendi
The court found that Christopher and Jennifer, as trustees, had adequately discharged their obligation to account for the administration of the Will Trust through correspondence and witness statements. The claimant’s requests for further disclosure were disproportionate and not justified. There was no basis for ordering a further account, and the claim was dismissed.
Court Disposition
Claim dismissed
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