Bonham & Anor v Fishwick & Anor [2008] EWCA Civ 373 (16 April 2008)

Bonham & Anor v Fishwick & Anor [2008] EWCA Civ 373 (16 April 2008)

The appeal was dismissed because the appellants failed to plead sufficient particulars of wilful and individual wrongdoing. The trustees acted in accordance with legal advice, and the exemption clause in the trust deed was a complete defence to the breach of trust claims in the absence of wilful wrongdoing.

Citation
[2008] EWCA Civ 373
Parties
Appellant: Jennifer Bonham; Appellant: Michael Steele; Respondent: David Fishwick; Respondent: Vere Fenner
Jurisdiction
England and Wales
Judgment Date
16 April 2008
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Trust, Trustee Exemption Clauses, Wilful Wrongdoing, Abuse of Process, Strike Out Applications
Trusts Law Equity Breach of Trust Trustee Exemption Clauses Wilful Wrongdoing Abuse of Process Strike Out Applications

Case Brief

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Parties

Jennifer Bonham

Appellant

Michael Steele

Appellant

David Fishwick

Respondent

Vere Fenner

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the respondent trustees can rely on the exemption clause in the trust deed to defend against breach of trust claims absent wilful and individual wrongdoing.
  2. 2 Whether the appellants pleaded sufficient particulars of wilful and individual wrongdoing to defeat the exemption clause.
  3. 3 Whether the action was an abuse of process for not being brought in earlier proceedings.

Ratio Decidendi

The appeal was dismissed because the appellants failed to plead sufficient particulars of wilful and individual wrongdoing. The trustees acted in accordance with legal advice, and the exemption clause in the trust deed was a complete defence to the breach of trust claims in the absence of wilful wrongdoing.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.