Procter v Procter & Ors [2022] EWHC 1202 (Ch) (25 May 2022)

Procter v Procter & Ors [2022] EWHC 1202 (Ch) (25 May 2022)

The court held that the 1973 and 1986 trust deeds were effective to vest legal title in the trustees under s40 Trustee Act 1925, with no contrary intention expressed. Legal title devolved by survivorship to Philip. The 1994 agricultural tenancy was held on trust for the partnership, not for individual partners. The notice to quit served by Suzanne was not effective to terminate the tenancy as she was no longer a partner and the tenancy was a partnership asset. There was no breach of trust or fiduciary duty by Suzanne in serving the notice, but no relief or compensation was due. The WOFL transactions did not alter the beneficial interests as claimed. Valuation of any outgoing partner's...

Citation
[2022] EWHC 1202 (Ch)
Parties
Claimant: Suzanne Elaine Procter; Defendant: Philip John Procter; Defendant: James Geoffrey Procter; Defendant: George Knowles; Defendant: Womble Bond Dickinson (Trust Corporation) Ltd; Defendant: Wide Open Finance Limited
Jurisdiction
England and Wales
Judgment Date
25 May 2022
Procedural Posture
Chancery (property Trust & Probate) / Post Trial Judgment After Remittal From Court of Appeal
Outcome
Declarations granted as to legal title; notice to quit held ineffective; no breach of trust or fiduciary duty; valuation and compensation issues adjourned.
Legal Topics
Devolution of Legal Title Under Trusts, Effectiveness of Trustee Appointments and Retirements, Agricultural Holdings Act 1986 Tenancies, Partnership Asset Valuation and Retirement, Validity and Effect of Notice to Quit, Breach of Fiduciary Duty by Partner, Compensation for Improvements and Fixtures, Vesting Orders and Registration of Title
Trusts and Estates Property Law Partnership Law Landlord and Tenant Devolution of Legal Title Under Trusts Effectiveness of Trustee Appointments and Retirements Agricultural Holdings Act 1986 Tenancies Partnership Asset Valuation and Retirement +4 more

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Parties

Suzanne Elaine Procter

Claimant

Philip John Procter

Defendant

James Geoffrey Procter

Defendant

George Knowles

Defendant

Womble Bond Dickinson (Trust Corporation) Ltd

Defendant

Wide Open Finance Limited

Defendant

Procedural Posture

Chancery (property Trust & Probate) / Post Trial Judgment After Remittal From Court of Appeal

Legal Issues

  1. 1 Whether legal title to family land devolved validly under trust deeds and survivorship
  2. 2 Effect of 1973 and 1986 trust deeds under Trustee Act 1925 s40
  3. 3 Nature and incidents of the 1994 agricultural tenancy

Ratio Decidendi

The court held that the 1973 and 1986 trust deeds were effective to vest legal title in the trustees under s40 Trustee Act 1925, with no contrary intention expressed. Legal title devolved by survivorship to Philip. The 1994 agricultural tenancy was held on trust for the partnership, not for individual partners. The notice to quit served by Suzanne was not effective to terminate the tenancy as she was no longer a partner and the tenancy was a partnership asset. There was no breach of trust or fiduciary duty by Suzanne in serving the notice, but no relief or compensation was due. The WOFL transactions did not alter the beneficial interests as claimed. Valuation of any outgoing partner's...

Court Disposition

Declarations granted as to legal title; notice to quit held ineffective; no breach of trust or fiduciary duty; valuation and compensation issues adjourned.

Orders

  • Declaration that legal title to the relevant land is vested in Philip John Procter as surviving trustee under the will trusts.
  • Claimant's notice to quit held ineffective to terminate the 1994 tenancy.