Le Marchant & Anor v Denby & Ors [2007] EWHC 65 (Ch) (31 January 2007)

Le Marchant & Anor v Denby & Ors [2007] EWHC 65 (Ch) (31 January 2007)

The 1976 Deed did not remove or extinguish the trustees' power of revocation in relation to Sub-Fund A. The 1974 appointment remained revocable, and the 1992 Deed of Revocation and New Appointment was valid. Mr Denby did not become absolutely entitled to Sub-Fund A upon attaining age 60.

Citation
[2007] EWHC 65 (Ch)
Parties
Claimant: Piers Alfred Le Marchant; Claimant: Richard Charles Kirby; First Defendant: Alan Timothy Denby; Defendant: Georgia Denby; Defendant: Lucinda Denby; Defendant: Tina Denby; Defendant: Maxine Denby; Defendant: Sebastian Denby (a minor by his litigation friend Stephen Giles Cooke)
Jurisdiction
England and Wales
Judgment Date
31 January 2007
Procedural Posture
Part 8 Claim / Judgment After Final Hearing
Outcome
Claim dismissed; order for substitution of trustee to be made.
Legal Topics
Revocation of Trust Appointments, Construction of Trust Deeds, Powers of Trustees
Trusts and Estates Equity Revocation of Trust Appointments Construction of Trust Deeds Powers of Trustees

Case Brief

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Parties

Piers Alfred Le Marchant

Claimant

Richard Charles Kirby

Claimant

Alan Timothy Denby

First Defendant

Georgia Denby

Defendant

Lucinda Denby

Defendant

Tina Denby

Defendant

Maxine Denby

Defendant

Sebastian Denby (a minor by his litigation friend Stephen Giles Cooke)

Defendant

Procedural Posture

Part 8 Claim / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the 1974 appointment of Sub-Fund A to Mr Denby was irrevocable or remained subject to revocation
  2. 2 Effect of the 1976 Deed on the power of revocation in relation to Sub-Fund A
  3. 3 Validity of the 1992 Deed of Revocation and New Appointment

Ratio Decidendi

The 1976 Deed did not remove or extinguish the trustees' power of revocation in relation to Sub-Fund A. The 1974 appointment remained revocable, and the 1992 Deed of Revocation and New Appointment was valid. Mr Denby did not become absolutely entitled to Sub-Fund A upon attaining age 60.

Court Disposition

Claim dismissed; order for substitution of trustee to be made.

Orders

  • St Andrew Trustees Limited to be substituted as trustee in place of Mr le Marchant.
  • Court to hear parties further as to the form of order and costs.