Kekwick v Kekwick & Anor [2022] EWHC 2563 (Ch) (12 October 2022)

Kekwick v Kekwick & Anor [2022] EWHC 2563 (Ch) (12 October 2022)

Claims for breach of trust accruing more than six years before the claim are time-barred; procedural steps taken by James did not constitute an 'action' under the Limitation Act; trustees acted reasonably in withholding distribution pending proof of identity and address; trustees followed competent legal advice regarding investment; assessment of legal costs would be disproportionate and unproductive; application to amend claim form refused to preserve limitation defence.

Citation
[2022] EWHC 2563 (Ch)
Parties
Claimant: James Martin Kekwick; Defendant: Dr Christopher Alan Kekwick; Defendant: Stuart Hutson
Jurisdiction
England and Wales
Judgment Date
12 October 2022
Procedural Posture
Part 8 Claim (trusts) / Judgment on Preliminary Issues
Outcome
Claims for breach of trust prior to 16 April 2014 are time-barred; application to amend claim form refused; no order for assessment of legal costs; trustees not in breach for failure to invest or distribute pending proof of identity.
Legal Topics
Limitation Period for Breach of Trust, Trustee Duties, Assessment of Legal Costs, Distribution of Trust Assets, Relief Under Trustee Act 1925
Trusts Property Law Probate Limitation Period for Breach of Trust Trustee Duties Assessment of Legal Costs Distribution of Trust Assets Relief Under Trustee Act 1925

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Parties

James Martin Kekwick

Claimant

Dr Christopher Alan Kekwick

Defendant

Stuart Hutson

Defendant

Procedural Posture

Part 8 Claim (trusts) / Judgment on Preliminary Issues

Legal Issues

  1. 1 Which objections are time-barred by the Limitation Act 1980
  2. 2 Whether legal costs should be referred for assessment
  3. 3 Whether certain documents provide a defence to failure to invest

Ratio Decidendi

Claims for breach of trust accruing more than six years before the claim are time-barred; procedural steps taken by James did not constitute an 'action' under the Limitation Act; trustees acted reasonably in withholding distribution pending proof of identity and address; trustees followed competent legal advice regarding investment; assessment of legal costs would be disproportionate and unproductive; application to amend claim form refused to preserve limitation defence.

Court Disposition

Claims for breach of trust prior to 16 April 2014 are time-barred; application to amend claim form refused; no order for assessment of legal costs; trustees not in breach for failure to invest or distribute pending proof of identity.

Orders

  • Application to re-amend claim form refused.
  • No order for assessment of legal costs.