National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)

National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)

The court approved the final distribution of the estate and ratified all relevant dispositions because all claims under the Scheme had been properly scrutinised and settled or rejected, the estate was insolvent, and no party with a financial interest objected to the costs or settlements. The Trust had no standing to...

Source-derived case information.

Citation
[2016] EWHC 1934 (Ch)
Parties
Claimant: National Westminster Bank PLC; Defendant: Luke Lucas; Defendant: Roger Bodley; Defendant: PI; Defendant: Denise Coles; Defendant: Amanda McKenna; Defendant: BBC; Defendant: The Secretary of State for Health (NHS)
Jurisdiction
England and Wales
Judgment Date
27 July 2016
Procedural Posture
Chancery Division Estate Administration / Final Approval of Estate Distribution and Ratification of Dispositions
Outcome
Application granted. Final distribution of the estate approved. Ratification orders made. No order as to costs against the Trust.
Legal Topics
Administration of Insolvent Estates, Scheme for Settlement of Abuse Claims, Executor's Powers and Duties, Ratification of Dispositions, Limitation of Claims, Costs and Indemnities
Probate Insolvency Personal Injury Administration of Insolvent Estates Scheme for Settlement of Abuse Claims Executor's Powers and Duties Ratification of Dispositions Limitation of Claims +1 more

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Parties

National Westminster Bank PLC

Claimant

Luke Lucas

Defendant

Roger Bodley

Defendant

PI

Defendant

Denise Coles

Defendant

Amanda McKenna

Defendant

BBC

Defendant

The Secretary of State for Health (NHS)

Defendant

Procedural Posture

Chancery Division Estate Administration / Final Approval of Estate Distribution and Ratification of Dispositions

Legal Issues

  1. 1 Whether the court should approve the final distribution of the Jimmy Savile estate under the Scheme
  2. 2 Whether ratification orders under section 284(1) Insolvency Act 1986 should be granted for past and future dispositions
  3. 3 Whether the Trust or other beneficiaries have standing to challenge costs or require an Insolvency Administration Order

Ratio Decidendi

The court approved the final distribution of the estate and ratified all relevant dispositions because all claims under the Scheme had been properly scrutinised and settled or rejected, the estate was insolvent, and no party with a financial interest objected to the costs or settlements. The Trust had no standing to challenge costs or require an Insolvency Administration Order, as it would receive nothing from the estate. The executor was entitled to distribute the estate and be protected from further claims, including out-of-time or rejected claims, given the extensive notice and scrutiny process.

Court Disposition

Application granted. Final distribution of the estate approved. Ratification orders made. No order as to costs against the Trust.

Orders

  • Ratification without qualification of dispositions made by the Bank between 7 December 2013 and 27 May 2016, subject to the same without prejudice proviso as previous orders.
  • Authorisation for payment by the Bank out of the estate of agreed settlement amounts and associated costs.