Hubbard & Anor v Hubbard & Anor [2025] EWHC 1538 (Ch) (20 June 2025)

Hubbard & Anor v Hubbard & Anor [2025] EWHC 1538 (Ch) (20 June 2025)

The payments to Mr and Mrs Chart and Mr and Mrs Jull were not loans to the trust nor proper trust expenses or distributions; the defendants failed to discharge the burden of proving these payments were proper, and the claimants' objections were valid.

Source-derived case information.

Citation
[2025] EWHC 1538 (Ch)
Parties
Claimant: Andrew Frank Pitman Hubbard; Claimant: Nighat Hubbard; Defendant: Robert William Pitman Hubbard; Defendant: Ann Veronica Hubbard
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Trust Account Dispute / Post Trial Consequential Hearing
Outcome
Claimants' objections upheld; payments to Mr and Mrs Chart and Mr and Mrs Jull not treated as proper trust distributions.
Legal Topics
Trustee Accounting, Beneficiary Distributions, Trust Fund Expenditure
Trusts Property Probate Trustee Accounting Beneficiary Distributions Trust Fund Expenditure

Source-derived case record

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Andrew Frank Pitman Hubbard

Claimant

Nighat Hubbard

Claimant

Robert William Pitman Hubbard

Defendant

Ann Veronica Hubbard

Defendant

Procedural Posture

Trust Account Dispute / Post Trial Consequential Hearing

Legal Issues

  1. 1 Whether payments to Mr and Mrs Chart and Mr and Mrs Jull were proper trust distributions
  2. 2 Whether claimants are entitled to challenge these payments at the consequential stage

Ratio Decidendi

The payments to Mr and Mrs Chart and Mr and Mrs Jull were not loans to the trust nor proper trust expenses or distributions; the defendants failed to discharge the burden of proving these payments were proper, and the claimants' objections were valid.

Court Disposition

Claimants' objections upheld; payments to Mr and Mrs Chart and Mr and Mrs Jull not treated as proper trust distributions.

Orders

  • Payments of £845,727 and £374,088 to Mr and Mrs Chart and Mr and Mrs Jull are not to be deducted when calculating claimants' entitlement under the trust.