Bonham & Anor v Fishwick & Anor [2007] EWHC 1859 (Ch) (30 July 2007)

Bonham & Anor v Fishwick & Anor [2007] EWHC 1859 (Ch) (30 July 2007)

The particulars of claim do not sufficiently plead wilful and individual wrongdoing by the Defendant Trustees to circumvent the limitation of liability in Clause 17 of the Bonham Settlement. The advice received by the trustees did not unequivocally state the option was void, and the actions taken were within the trustees' discretion in the context of commercial arrangements. Additionally, the claims should have been brought in the earlier 2004 Proceedings, and their pursuit now constitutes an abuse of process.

Citation
[2007] EWHC 1859 (Ch)
Parties
Claimant: Jennifer Hailey Bonham; Claimant: Michael John Nicholson Steele; Defendant: David Reginald Alexander Fishwick; Defendant: Vere Anthony Fenner
Jurisdiction
England and Wales
Judgment Date
30 July 2007
Procedural Posture
Chancery Division Civil Claim / Application to Strike Out or Stay Claim; Reserved Judgment
Outcome
Claim struck out; summary judgment for Defendants
Legal Topics
Breach of Trust, Trustee Liability, Limitation of Liability Clauses, Abuse of Process, Clog on Equity of Redemption, Summary Judgment, Strike Out Applications
Trusts and Equity Civil Procedure Breach of Trust Trustee Liability Limitation of Liability Clauses Abuse of Process Clog on Equity of Redemption Summary Judgment +1 more

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Parties

Jennifer Hailey Bonham

Claimant

Michael John Nicholson Steele

Claimant

David Reginald Alexander Fishwick

Defendant

Vere Anthony Fenner

Defendant

Procedural Posture

Chancery Division Civil Claim / Application to Strike Out or Stay Claim; Reserved Judgment

Legal Issues

  1. 1 Whether the claim against the Defendant Trustees for breach of trust can proceed in light of Clause 17 of the Bonham Settlement limiting trustee liability
  2. 2 Whether the particulars of claim sufficiently plead wilful and individual wrongdoing to circumvent Clause 17
  3. 3 Whether the proceedings are an abuse of process under the Henderson v Henderson principle

Ratio Decidendi

The particulars of claim do not sufficiently plead wilful and individual wrongdoing by the Defendant Trustees to circumvent the limitation of liability in Clause 17 of the Bonham Settlement. The advice received by the trustees did not unequivocally state the option was void, and the actions taken were within the trustees' discretion in the context of commercial arrangements. Additionally, the claims should have been brought in the earlier 2004 Proceedings, and their pursuit now constitutes an abuse of process.

Court Disposition

Claim struck out; summary judgment for Defendants

Orders

  • Claim against Defendant Trustees struck out
  • Summary judgment granted for Defendant Trustees