Green & Ors v Gaul & Ors, Re Loftus (deceased)

Green & Ors v Gaul & Ors, Re Loftus (deceased)

There was no compromise agreement; Margaret breached her duties as administratrix by converting estate assets, failing to account, and transferring the Yard to Dexter. Dexter was not a bona fide purchaser for value without notice and holds the Yard and profits for the estate. The claim is not time-barred under section 22(a) of the Limitation Act 1980, and laches does not apply.

Parties
Claimant: Angela Margaret Green; Claimant: Sheila Maria Ross; Claimant: Katherine Eva Toms; Defendant: Margaret Winfred Gaul; Defendant: Michael Patrick Loftus; Defendant: Dexter Christopher Gaul
Jurisdiction
England and Wales
Judgment Date
18 March 2005
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed in part; counterclaim dismissed in part
Legal Topics
Administration of Estates, Breach of Trust, Removal of Personal Representative, Constructive Trust, Limitation, Laches, Bona Fide Purchaser, Accounting, Distribution of Estate Assets
Succession Trusts Property Company Law Administration of Estates Breach of Trust Removal of Personal Representative Constructive Trust +5 more

Case Brief

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 5 Authorities cited 21 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Angela Margaret Green

Claimant

Sheila Maria Ross

Claimant

Katherine Eva Toms

Claimant

Margaret Winfred Gaul

Defendant

Michael Patrick Loftus

Defendant

Dexter Christopher Gaul

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a compromise agreement existed regarding the division of estate assets
  2. 2 Whether Margaret breached her duties as administratrix
  3. 3 Whether Dexter was a bona fide purchaser for value without notice

Ratio Decidendi

There was no compromise agreement; Margaret breached her duties as administratrix by converting estate assets, failing to account, and transferring the Yard to Dexter. Dexter was not a bona fide purchaser for value without notice and holds the Yard and profits for the estate. The claim is not time-barred under section 22(a) of the Limitation Act 1980, and laches does not apply.

Court Disposition

Claim allowed in part; counterclaim dismissed in part

Orders

  • Margaret removed as administratrix and independent solicitor to be appointed
  • Margaret to account for administration of estate