Bonham & Anor v Fishwick & Anor

Bonham & Anor v Fishwick & Anor

The claimants failed to plead sufficient particulars of wilful and individual wrongdoing to circumvent the limitation of liability in Clause 17 of the Bonham Settlement. The advice received by the Defendant Trustees did not unequivocally state the option was void, and the actions taken were within their discretion as trustees. Additionally, the claim constitutes an abuse of process as it should have been raised in the 2004 Proceedings.

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
Civil / Ruling on Applications to Strike Out or Stay Claims
Outcome
Claim struck out
Legal Topics
Breach of Trust, Trustee Liability, Limitation of Liability Clauses, Abuse of Process, Clog on the Equity of Redemption
Trusts Equity Civil Procedure Breach of Trust Trustee Liability Limitation of Liability Clauses Abuse of Process Clog on the Equity of Redemption

Case Brief

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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

Civil / Ruling on Applications to Strike Out or Stay Claims

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 proceedings are an abuse of process under the Henderson v Henderson principle
  3. 3 Whether the grant of the Second Option and related payments constituted wilful and individual wrongdoing

Ratio Decidendi

The claimants failed to plead sufficient particulars of wilful and individual wrongdoing to circumvent the limitation of liability in Clause 17 of the Bonham Settlement. The advice received by the Defendant Trustees did not unequivocally state the option was void, and the actions taken were within their discretion as trustees. Additionally, the claim constitutes an abuse of process as it should have been raised in the 2004 Proceedings.

Court Disposition

Claim struck out

Orders

  • Claim against the Defendant Trustees is struck out
  • Claimants’ application for a stay of execution on the costs order is dismissed