Baker & Anor v Dunne & Ors

Baker & Anor v Dunne & Ors

Trustees are entitled to obtain vacant possession and sell the property with court approval, as threatened claims for breach of trust and passing off lack substance and constitute an abuse of process. Trustees acted properly and in accordance with specialist advice, and Jonathan has no legal entitlement to remain in occupation or appropriate goodwill attached to the property.

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
Application / Judgment on Beddoe Relief Application
Outcome
application granted
Legal Topics
Beddoe Relief, Breach of Trust, Passing Off, Abuse of Process, Estoppel
Trusts Property Civil Procedure Beddoe Relief Breach of Trust Passing Off Abuse of Process Estoppel

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Parties

Philip Thomas Baker

Claimant

Raymond William Preedy

Claimant

Jonathan Anthony Dunne

Defendant

Sarah Fenton

Defendant

Peter Lee Dunne

Defendant

Procedural Posture

Application / Judgment on Beddoe Relief Application

Legal Issues

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

Ratio Decidendi

Trustees are entitled to obtain vacant possession and sell the property with court approval, as threatened claims for breach of trust and passing off lack substance and constitute an abuse of process. Trustees acted properly and in accordance with specialist advice, and Jonathan has no legal entitlement to remain in occupation or appropriate goodwill attached to the property.

Court Disposition

application granted

Orders

  • Trustees authorised to obtain vacant possession of the Albert Arms against any persons in occupation
  • Trustees authorised to sell the property