Williams & Anor v Simm & Ors [2021] EWHC 121 (Ch) (27 January 2021)

Williams & Anor v Simm & Ors [2021] EWHC 121 (Ch) (27 January 2021)

The court held that, as a matter of construction, the facility agreement, loan agreements, and legal charge imposed personal liability on the trustees (limited to the charged assets), the legal charge was validly granted and registered following a solicitor's certificate, and the appointment of receivers was valid following an event of default. The defences raised by the trustees (lack of personal liability, invalidity of the charge, variation/estoppel, and overriding interests of beneficiaries) had no real prospect of success and were suitable for summary determination.

Citation
[2021] EWHC 121 (Ch)
Parties
Claimant: Steven John Williams; Claimant: David Robert Acland; Defendant: John Adrian Simm; Defendant: James Richard Simm; Defendant: Jeremy Mark Simm
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Civil Property/trusts / Summary Judgment and Strike Out Applications
Outcome
Summary judgment granted for claimants; defence and counterclaim struck out.
Legal Topics
Enforcement of Security, Trustee Liability, Summary Judgment, Strike Out Applications, Overreaching, Variation of Contract, Estoppel, Actual Occupation, Registration of Charges
Property Law Trusts and Estates Civil Procedure Enforcement of Security Trustee Liability Summary Judgment Strike Out Applications Overreaching +4 more

Case Brief

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Parties

Steven John Williams

Claimant

David Robert Acland

Claimant

John Adrian Simm

Defendant

James Richard Simm

Defendant

Jeremy Mark Simm

Defendant

Procedural Posture

Civil Property/trusts / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the trustees are personally liable under the facility agreement, loan agreements, and legal charge
  2. 2 Whether the legal charge is valid and enforceable against the trust property
  3. 3 Whether the appointment of receivers was valid

Ratio Decidendi

The court held that, as a matter of construction, the facility agreement, loan agreements, and legal charge imposed personal liability on the trustees (limited to the charged assets), the legal charge was validly granted and registered following a solicitor's certificate, and the appointment of receivers was valid following an event of default. The defences raised by the trustees (lack of personal liability, invalidity of the charge, variation/estoppel, and overriding interests of beneficiaries) had no real prospect of success and were suitable for summary determination.

Court Disposition

Summary judgment granted for claimants; defence and counterclaim struck out.

Orders

  • Declarations as to validity of the legal charge and receivers' appointment
  • Order for sale of the property