Andrew Frank Pitman Hubbard & Anor v Robert William Pitman Hubbard & Anor

Andrew Frank Pitman Hubbard & Anor v Robert William Pitman Hubbard & Anor

Trustees failed to discharge the burden of proof for most claimed expenses due to lack of documentary evidence and inadequate explanation. Most expenses, including legal fees, annual payments, developer's fee (except £375,000 allowance), and historic costs, were disallowed. Income was adjusted to reflect proper attribution. The account was finalized based on proven income and allowable expenses only.

Parties
Claimant: Andrew Frank Pitman Hubbard; Claimant: Nighat Hubbard; Defendant: Robert William Pitman Hubbard; Defendant: Ann Veronica Hubbard
Jurisdiction
England and Wales
Judgment Date
23 April 2025
Procedural Posture
Civil / Judgment After Trial of Account in Common Form
Outcome
Account finalized; most claimed expenses disallowed; trustee allowance granted; consequential orders to follow.
Legal Topics
Trustee Accounting, Beneficiary Rights, Trustee Indemnity, Trustee Powers, Development Land, Trustee Remuneration, Evidence Burden, Allowances, Limitation, Objections to Account
Trusts Property Equity Trustee Accounting Beneficiary Rights Trustee Indemnity Trustee Powers Development Land +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 4 Authorities cited 19 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Andrew Frank Pitman Hubbard

Claimant

Nighat Hubbard

Claimant

Robert William Pitman Hubbard

Defendant

Ann Veronica Hubbard

Defendant

Procedural Posture

Civil / Judgment After Trial of Account in Common Form

Legal Issues

  1. 1 Whether trustees have properly accounted for income and expenditure under the Trust
  2. 2 Whether claimed expenses are chargeable to the Trust
  3. 3 Whether trustee remuneration and allowances are justified

Ratio Decidendi

Trustees failed to discharge the burden of proof for most claimed expenses due to lack of documentary evidence and inadequate explanation. Most expenses, including legal fees, annual payments, developer's fee (except £375,000 allowance), and historic costs, were disallowed. Income was adjusted to reflect proper attribution. The account was finalized based on proven income and allowable expenses only.

Court Disposition

Account finalized; most claimed expenses disallowed; trustee allowance granted; consequential orders to follow.

Orders

  • Account to be adjusted as per findings; income and allowable expenses only to be included.
  • Robert Hubbard allowed £375,000 as trustee allowance in place of developer's fee.