Smith & Ors v Campbell & Ors [2025] EWHC 3011 (Ch) (17 November 2025)

Smith & Ors v Campbell & Ors [2025] EWHC 3011 (Ch) (17 November 2025)

Removal and replacement of the trustees is warranted due to breakdown in relations, loss of trust and confidence, and failure to administer the trust impartially and transparently. The welfare of the beneficiaries and proper administration require intervention despite absence of proven dishonesty or major breach of...

Source-derived case information.

Citation
[2025] EWHC 3011 (Ch)
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
Trustees removed and replaced
Legal Topics
Trustee Removal, Breach of Trust, Beneficiary Rights, Conflict of Interest, Trust Administration
Trusts and Probate Property Law Trustee Removal Breach of Trust Beneficiary Rights Conflict of Interest Trust Administration

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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 under Graham Cheslyn-Curtis Will Trust
  2. 2 Whether breaches of trust or breakdown in relations justify removal
  3. 3 Whether trustees failed in duties to beneficiaries

Ratio Decidendi

Removal and replacement of the trustees is warranted due to breakdown in relations, loss of trust and confidence, and failure to administer the trust impartially and transparently. The welfare of the beneficiaries and proper administration require intervention despite absence of proven dishonesty or major breach of duty.

Court Disposition

Trustees removed and replaced

Orders

  • Mills & Reeve Trust Corporation Limited appointed as new trustee in substitution for all current trustees
  • Trustees to deliver up all trust documents and accounts to new trustee