Cardigan v Moore & Anor [2012] EWHC 1024 (Ch) (20 April 2012)

Cardigan v Moore & Anor [2012] EWHC 1024 (Ch) (20 April 2012)

The paintings are no longer partnership property but are held by the trustees as per the 2008 Deed and Tomlin Order; the lease of Savernake Lodge does not extend to the paintings as they are not fixtures or fittings; and the lease is voidable and should be set aside under the self-dealing rule due to conflict of interest, with no applicable equitable bar.

Citation
[2012] EWHC 1024 (Ch)
Parties
Claimant: David Michael James Brudenell-Bruce, Earl of Cardigan; Defendant: John Moore; Defendant: Wilson Cotton
Jurisdiction
England and Wales
Judgment Date
20 April 2012
Procedural Posture
Chancery Division Civil Claim / First Instance Judgment
Outcome
Claim dismissed; counterclaim succeeds in part
Legal Topics
Trustee Powers and Duties, Self Dealing Rule, Leasehold Interests, Estoppel by Deed, Fixtures and Fittings, Partnership Property
Trusts and Estates Property Law Equity Trustee Powers and Duties Self Dealing Rule Leasehold Interests Estoppel by Deed Fixtures and Fittings +1 more

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Parties

David Michael James Brudenell-Bruce, Earl of Cardigan

Claimant

John Moore

Defendant

Wilson Cotton

Defendant

Procedural Posture

Chancery Division Civil Claim / First Instance Judgment

Legal Issues

  1. 1 Whether the family's collection of paintings remains partnership property or is held by the trustees
  2. 2 Whether the lease of Savernake Lodge extends to the paintings
  3. 3 Whether the trustees are entitled to have the lease set aside under the self-dealing rule

Ratio Decidendi

The paintings are no longer partnership property but are held by the trustees as per the 2008 Deed and Tomlin Order; the lease of Savernake Lodge does not extend to the paintings as they are not fixtures or fittings; and the lease is voidable and should be set aside under the self-dealing rule due to conflict of interest, with no applicable equitable bar.

Court Disposition

Claim dismissed; counterclaim succeeds in part

Orders

  • Declaration that the paintings are held by the trustees and are not partnership property
  • Declaration that the lease does not extend to the paintings