Ali & Anor v Miah & Anor [2024] EWHC 1818 (Ch) (05 June 2024)

The trust instrument did not express a contrary intention sufficient to oust the statutory power under s36 Trustee Act 1925, and the judge was entitled to find the appellants unfit to act as trustees based on their conduct in the County Court proceedings, justifying their replacement.

Citation: [2024] EWHC 1818 (Ch)
Parties: Appellant: Enus Ali; Appellant: Mohammed Abdul Wahid; Respondent: Muhammad Modu Miah; Respondent: Monshur Bari
Jurisdiction: England and Wales
Judgment Date: 05 June 2024
Procedural Posture: Chancery Appeal / Appeal Against Case Management Order
Outcome: Appeal dismissed
Legal Topics: Removal and Appointment of Trustees, Interpretation of Trust Instruments, Powers Under Trustee Act 1925, Case Management Substitution of Claimants

Trusts and Charities Civil Procedure Removal and Appointment of Trustees Interpretation of Trust Instruments Powers Under Trustee Act 1925 Case Management Substitution of Claimants

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Parties

Enus Ali

Appellant

Mohammed Abdul Wahid

Appellant

Muhammad Modu Miah

Respondent

Monshur Bari

Respondent

Procedural Posture

Chancery Appeal / Appeal Against Case Management Order

Legal Issues

1 Whether s36 Trustee Act 1925 power to replace trustees was ousted by the trust instrument
2 Whether the appellants were 'unfit' to act as trustees under s36 Trustee Act 1925

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Mr Rahman and Mr Hussain remain substituted as claimants in the County Court proceedings in place of Mr Ali and Mr Wahid.