KATHRYN MARY CLEVELY & Anor v JANET MARY ATKINSON & Ors

KATHRYN MARY CLEVELY & Anor v JANET MARY ATKINSON & Ors

Timothy Campbell is entitled to remuneration from Jarman Properties Limited for work on the Scarletts project, as unanimously approved by the family shareholders under the Duomatic principle, in the fair and reasonable sum of £178,000 plus agreed expenses of £30,000. He is not entitled to remuneration for work as executor or for general director duties outside the Scarletts project. The sums already received by him are to be brought into account accordingly.

Parties
Claimant: Kathryn Mary Clevely; Claimant: Jennifer Anne Arnold; Defendant: Janet Mary Atkinson; Defendant: Timothy William Maclear Campbell; Defendant: John Michael Campbell
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Part 8 Claim / Judgment After Trial
Outcome
Claim allowed in part; declarations and directions granted as specified.
Legal Topics
Director's Remuneration, Executor's Remuneration, Quantum Meruit, Duomatic Principle, Just Allowance, Fiduciary Duties
Company Law Trusts and Estates Director's Remuneration Executor's Remuneration Quantum Meruit Duomatic Principle Just Allowance Fiduciary Duties

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Parties

Kathryn Mary Clevely

Claimant

Jennifer Anne Arnold

Claimant

Janet Mary Atkinson

Defendant

Timothy William Maclear Campbell

Defendant

John Michael Campbell

Defendant

Procedural Posture

Part 8 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether Timothy Campbell is entitled to remuneration or reimbursement of expenses for work done as director of Jarman Properties Limited and as executor of his mother's estate
  2. 2 The legal basis and quantification of any such entitlement

Ratio Decidendi

Timothy Campbell is entitled to remuneration from Jarman Properties Limited for work on the Scarletts project, as unanimously approved by the family shareholders under the Duomatic principle, in the fair and reasonable sum of £178,000 plus agreed expenses of £30,000. He is not entitled to remuneration for work as executor or for general director duties outside the Scarletts project. The sums already received by him are to be brought into account accordingly.

Court Disposition

Claim allowed in part; declarations and directions granted as specified.

Orders

  • Declaration that Timothy Campbell is entitled to £178,000 remuneration from Jarman Properties Limited for the Scarletts project, plus £30,000 expenses.
  • Declaration that Timothy Campbell is not entitled to remuneration for work as executor or for general director duties outside the Scarletts project.