Scott v Scott

Scott v Scott

Andrew's hostility and refusal to file accounts on irrational grounds has impeded trust administration and welfare of beneficiaries, justifying his removal as trustee. Martin's conduct does not warrant removal as trustee; complaints are stale, unreasonable, or unrelated to trust administration.

Parties
Claimant: Andrew Herbert Vaughan Scott; Defendant: Martin Leslie Scott
Jurisdiction
England and Wales
Judgment Date
23 August 2012
Procedural Posture
Civil / Judgment
Outcome
Andrew Scott removed as trustee; Martin Leslie Scott remains trustee; Simon Jackson QC may be appointed trustee subject to his consent; independent professional trustee to be considered.
Legal Topics
Removal of Trustee, Breach of Fiduciary Duty, Trust Administration, Conversion, Specific Performance, Damages
Trusts Property Equity Removal of Trustee Breach of Fiduciary Duty Trust Administration Conversion Specific Performance +1 more

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Parties

Andrew Herbert Vaughan Scott

Claimant

Martin Leslie Scott

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Martin Scott should be removed as trustee for breach of fiduciary duty
  2. 2 Whether Andrew Scott should be removed as trustee for breach of fiduciary duty
  3. 3 Whether Martin Scott breached fiduciary duties regarding trust accounts, expenditure, and administration

Ratio Decidendi

Andrew's hostility and refusal to file accounts on irrational grounds has impeded trust administration and welfare of beneficiaries, justifying his removal as trustee. Martin's conduct does not warrant removal as trustee; complaints are stale, unreasonable, or unrelated to trust administration.

Court Disposition

Andrew Scott removed as trustee; Martin Leslie Scott remains trustee; Simon Jackson QC may be appointed trustee subject to his consent; independent professional trustee to be considered.

Orders

  • Andrew Scott removed as trustee.
  • Simon Jackson QC to be appointed trustee if willing.