Baker & Anor v Dunne & Ors [2016] EWHC 2318 (Ch) (20 September 2016)

Baker & Anor v Dunne & Ors [2016] EWHC 2318 (Ch) (20 September 2016)

Trustees are entitled and obliged to obtain vacant possession and sell the property to maximise value for all beneficiaries; threatened breach of trust and passing off claims by the first defendant are without merit and constitute abuse of process; trustees are authorised to proceed and indemnified from trust assets.

Source-derived case information.

Citation
[2016] EWHC 2318 (Ch)
Parties
Claimant: Philip Thomas Baker; Claimant: Raymond William Preedy; Defendant: Jonathan Anthony Dunne; Defendant: Sarah Fenton; Defendant: Peter Lee Dunne
Jurisdiction
England and Wales
Judgment Date
20 September 2016
Procedural Posture
Beddoe Application / Post Trial, Application for Relief
Outcome
Application granted
Legal Topics
Beddoe Relief, Breach of Trust, Passing Off, Abuse of Process, Trustee Indemnity
Trusts Property Civil Procedure Beddoe Relief Breach of Trust Passing Off Abuse of Process Trustee Indemnity

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Philip Thomas Baker

Claimant

Raymond William Preedy

Claimant

Jonathan Anthony Dunne

Defendant

Sarah Fenton

Defendant

Peter Lee Dunne

Defendant

Procedural Posture

Beddoe Application / Post Trial, Application for Relief

Legal Issues

  1. 1 Whether trustees should be authorised to obtain vacant possession and sell trust property
  2. 2 Whether threatened breach of trust and passing off claims by beneficiary have substance
  3. 3 Whether proposed claims constitute abuse of process

Ratio Decidendi

Trustees are entitled and obliged to obtain vacant possession and sell the property to maximise value for all beneficiaries; threatened breach of trust and passing off claims by the first defendant are without merit and constitute abuse of process; trustees are authorised to proceed and indemnified from trust assets.

Court Disposition

Application granted

Orders

  • Trustees authorised to obtain vacant possession of the Albert Arms and sell the property
  • Trustees entitled to indemnity for costs from trust assets