Henchley & Ors v Thompson

Henchley & Ors v Thompson

The court has discretion to order an account from a trustee or de facto trustee; in this case, given the interests of future beneficiaries and the lack of adequate accounts, an order for an account is made in respect of The Childrens’ Trust but not The Henchley Trust, due to exceptional circumstances and lack of records.

Parties
Claimant: Claire Henchley; Claimant: Elizabeth Anne Baxendale; Claimant: Vivien Mash; Claimant: Natasha Jade Khambhaita; Claimant: Tori Brittany Khambhaita; Claimant: Charles Martin Mash; Claimant: Nicholas John Mash; Claimant: James Henchley Mash; Claimant: Caroline Elizabeth Beddall; Defendant: David Brian Thompson
Jurisdiction
England and Wales
Judgment Date
16 February 2017
Procedural Posture
Trusts Part 8 Claim / Judgment on Application for Account
Outcome
Order for account granted in respect of The Childrens’ Trust; declined for The Henchley Trust.
Legal Topics
Duty to Account, Trustee Obligations, Limitation, Laches, Discretion to Order Account
Trusts Equity Duty to Account Trustee Obligations Limitation Laches Discretion to Order Account

Case Brief

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Parties

Claire Henchley

Claimant

Elizabeth Anne Baxendale

Claimant

Vivien Mash

Claimant

Natasha Jade Khambhaita

Claimant

Tori Brittany Khambhaita

Claimant

Charles Martin Mash

Claimant

Nicholas John Mash

Claimant

James Henchley Mash

Claimant

Caroline Elizabeth Beddall

Claimant

David Brian Thompson

Defendant

Procedural Posture

Trusts Part 8 Claim / Judgment on Application for Account

Legal Issues

  1. 1 Whether the court has discretion to order an account from a trustee or de facto trustee
  2. 2 Whether laches or limitation bar the claim for an account
  3. 3 Whether the defendant has already provided an account

Ratio Decidendi

The court has discretion to order an account from a trustee or de facto trustee; in this case, given the interests of future beneficiaries and the lack of adequate accounts, an order for an account is made in respect of The Childrens’ Trust but not The Henchley Trust, due to exceptional circumstances and lack of records.

Court Disposition

Order for account granted in respect of The Childrens’ Trust; declined for The Henchley Trust.

Orders

  • Defendant to provide a narrative account of dealings with assets of The Childrens’ Trust and explanation of efforts to obtain information.
  • No order for account in respect of The Henchley Trust.