Manton & Ors v Manton

Manton & Ors v Manton

Paul's involvement in a competing business (IDE) created a conflict of interest with his fiduciary duties as trustee, endangered trust property, impaired proper administration of the trust, and resulted in irreconcilable breakdown and hostility among trustees, justifying his removal.

Parties
Claimant: Warren Edward Manton; Claimant: Madge Manton; Claimant: Timothy Edward Manton; Claimant: Joanne Claire Manton-Armstrong; Defendant: Paul Warren Manton
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Part 8 Claim / Judgment After Trial
Outcome
Judgment for the claimants; order for removal of Paul Warren Manton as trustee.
Legal Topics
Removal of Trustee, Conflict of Interest, Fiduciary Duty, Family Trust, Corporate Governance
Trusts Equity Company Law Removal of Trustee Conflict of Interest Fiduciary Duty Family Trust Corporate Governance

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Parties

Warren Edward Manton

Claimant

Madge Manton

Claimant

Timothy Edward Manton

Claimant

Joanne Claire Manton-Armstrong

Claimant

Paul Warren Manton

Defendant

Procedural Posture

Part 8 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant should be removed as trustee due to conflict of interest and breach of fiduciary duty
  2. 2 Whether the defendant's involvement in a competing business endangered trust property
  3. 3 Whether hostility and breakdown of relationships among trustees justify removal

Ratio Decidendi

Paul's involvement in a competing business (IDE) created a conflict of interest with his fiduciary duties as trustee, endangered trust property, impaired proper administration of the trust, and resulted in irreconcilable breakdown and hostility among trustees, justifying his removal.

Court Disposition

Judgment for the claimants; order for removal of Paul Warren Manton as trustee.

Orders

  • Paul Warren Manton is removed as trustee of the Warren Manton Children’s Settlement.
  • Parties to agree the resulting order; unresolved matters to be dealt with by written submissions.