Nathan James Smith & Ors v Ian Patrick Campbell & Ors

Nathan James Smith & Ors v Ian Patrick Campbell & Ors

Hostility and deeply negative views expressed by two trustees towards claimants create a reasonable concern that proper administration of the trust is at risk. Removal of those trustees and appointment of an independent professional trustee is necessary to secure welfare of beneficiaries and proper administration.

Parties
Claimant: Nathan James Smith; Claimant: Leah-Jane Styring; Claimant: Suzanne April Smith; Defendant: Ian Patrick Campbell; Defendant: Malcolm Ronald Taylor; Defendant: Sarah Cheslyn-Curtis; Defendant: Maldyn Stephen Henry Worsley-Tonks MBE
Jurisdiction
England and Wales
Judgment Date
17 November 2025
Procedural Posture
Trustee Removal Claim / Final Judgment
Outcome
Partial removal and replacement of trustees ordered.
Legal Topics
Removal of Trustees, Trustee Duties, Beneficiary Rights, Conflict of Interest, Trust Administration
Trusts and Estates Probate Removal of Trustees Trustee Duties Beneficiary Rights Conflict of Interest Trust Administration

Case Brief

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Parties

Nathan James Smith

Claimant

Leah-Jane Styring

Claimant

Suzanne April Smith

Claimant

Ian Patrick Campbell

Defendant

Malcolm Ronald Taylor

Defendant

Sarah Cheslyn-Curtis

Defendant

Maldyn Stephen Henry Worsley-Tonks MBE

Defendant

Procedural Posture

Trustee Removal Claim / Final Judgment

Legal Issues

  1. 1 Whether the trustees should be replaced due to breach of duty, misconduct, or breakdown in relations
  2. 2 Whether hostility or breakdown in relations justifies trustee removal
  3. 3 Whether trustees failed to provide accounts or act impartially

Ratio Decidendi

Hostility and deeply negative views expressed by two trustees towards claimants create a reasonable concern that proper administration of the trust is at risk. Removal of those trustees and appointment of an independent professional trustee is necessary to secure welfare of beneficiaries and proper administration.

Court Disposition

Partial removal and replacement of trustees ordered.

Orders

  • Remove Ian Patrick Campbell and Malcolm Ronald Taylor as trustees of the trust.
  • Appoint an independent professional trustee to act alongside Sarah Cheslyn-Curtis and Maldyn Stephen Henry Worsley-Tonks MBE as continuing trustees.