Bonham & Anor v Fishwick & Anor

Bonham & Anor v Fishwick & Anor

The appeal was dismissed because the respondents, as trustees, acted in accordance with legal advice and within the powers conferred by the trust deed. There was no sufficient pleading or evidence of wilful and individual wrongdoing, so the exemption clause was a complete defence to the breach of trust claims.

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 Judgment Striking Out Claim
Outcome
appeal dismissed
Legal Topics
Breach of Trust, Trustee Exemption Clauses, Wilful Wrongdoing, Abuse of Process
Trusts Law Breach of Trust Trustee Exemption Clauses Wilful Wrongdoing Abuse of Process

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 Judgment Striking Out Claim

Legal Issues

  1. 1 Whether the respondent trustees can rely on the exemption clause in the trust deed as a defence to breach of trust claims except in cases of wilful and individual wrongdoing
  2. 2 Whether sufficient particulars of wilful and individual wrongdoing were pleaded
  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 respondents, as trustees, acted in accordance with legal advice and within the powers conferred by the trust deed. There was no sufficient pleading or evidence of wilful and individual wrongdoing, so the exemption clause was a complete defence to the breach of trust claims.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order on estoppel/abuse of process point