Hollis & Ors v Rolfe & Ors [2008] EWHC 1747 (Ch) (22 July 2008)

Hollis & Ors v Rolfe & Ors [2008] EWHC 1747 (Ch) (22 July 2008)

The court found that the transfers of Penton Lodge and West Lodge were not properly authorised under the terms of the trust and were in breach of the trustees' fiduciary duties, including the rule against self-dealing. The transactions were not for full value and were not in the best interests of the trust's beneficiaries. The court held that the transfers were voidable and should be set aside.

Citation
[2008] EWHC 1747 (Ch)
Parties
Claimant: The Right Reverend Crispian Hollis, Bishop of Portsmouth; Claimant: Georgina Grundy-Parker (Sister Scholastica); Claimant: Edna Grace Fewtrell (Sister Maura Mary); Defendant: Edwin Douglas Rolfe; Defendant: Vivienne Amy Elizabeth Rolfe; Defendant: The Attorney General
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Claims allowed in part; transfers set aside
Legal Topics
Breach of Trust, Self Dealing, Undue Influence, Knowing Assistance, Knowing Receipt, Charitable Trusts, Alienation of Trust Property
Trusts Charity Law Property Law Breach of Trust Self Dealing Undue Influence Knowing Assistance Knowing Receipt +2 more

Case Brief

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Parties

The Right Reverend Crispian Hollis, Bishop of Portsmouth

Claimant

Georgina Grundy-Parker (Sister Scholastica)

Claimant

Edna Grace Fewtrell (Sister Maura Mary)

Claimant

Edwin Douglas Rolfe

Defendant

Vivienne Amy Elizabeth Rolfe

Defendant

The Attorney General

Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the transfers of Penton Lodge and West Lodge constituted breaches of trust or the rule against self-dealing
  2. 2 Whether the transfers were induced by undue influence
  3. 3 Whether the Defendants knowingly assisted in breaches of trust or were knowing recipients of trust property

Ratio Decidendi

The court found that the transfers of Penton Lodge and West Lodge were not properly authorised under the terms of the trust and were in breach of the trustees' fiduciary duties, including the rule against self-dealing. The transactions were not for full value and were not in the best interests of the trust's beneficiaries. The court held that the transfers were voidable and should be set aside.

Court Disposition

Claims allowed in part; transfers set aside

Orders

  • The transfers of Penton Lodge and West Lodge to the Defendants are set aside.
  • The properties are to be restored to the trust or its proper beneficiaries.