Kingsley& Ors v Kinglsey & Anor

Kingsley& Ors v Kinglsey & Anor

The court has discretion under TOLATA to allow a beneficiary to purchase trust land at a court-fixed price if the value can be determined with sufficient accuracy to protect the interests of all beneficiaries. In this case, the price can be fixed with adequate certainty, and the defendant is permitted two months to complete the purchase at £3,245,000. If not completed, the land will be sold on the open market. The defendant's claim to agricultural tenancies over Peascroft fails as a matter of law and fact; possession is granted to the claimants.

Parties
Claimant: Karim Sophie Kingsley; Claimant: Aaron Richard Playle; Claimant: Maria Jacqueline Wheeler; Defendant: Sally Margaret Kingsley; Defendant: Colin David Bayles
Jurisdiction
England and Wales
Judgment Date
01 May 2019
Procedural Posture
Civil Trusts/partnership/property / Judgment After Trial
Outcome
Claimants succeed in both the Partnership and Possession claims; Defendant's counterclaim dismissed.
Legal Topics
Order for Sale Under TOLATA, Winding Up of Partnership, Beneficial Interests in Land, Agricultural Tenancies, Accounts and Inquiries, Possession Proceedings
Trusts Property Law Partnership Law Agricultural Law Order for Sale Under TOLATA Winding Up of Partnership Beneficial Interests in Land Agricultural Tenancies +2 more

Case Brief

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Parties

Karim Sophie Kingsley

Claimant

Aaron Richard Playle

Claimant

Maria Jacqueline Wheeler

Claimant

Sally Margaret Kingsley

Defendant

Colin David Bayles

Defendant

Procedural Posture

Civil Trusts/partnership/property / Judgment After Trial

Legal Issues

  1. 1 Whether the Farm Land should be sold on the open market or to a beneficiary at a court-fixed price
  2. 2 How the partnership and post-dissolution accounts should be settled
  3. 3 Whether the defendant has a protected agricultural tenancy over Peascroft under the Agricultural Holdings Act 1986

Ratio Decidendi

The court has discretion under TOLATA to allow a beneficiary to purchase trust land at a court-fixed price if the value can be determined with sufficient accuracy to protect the interests of all beneficiaries. In this case, the price can be fixed with adequate certainty, and the defendant is permitted two months to complete the purchase at £3,245,000. If not completed, the land will be sold on the open market. The defendant's claim to agricultural tenancies over Peascroft fails as a matter of law and fact; possession is granted to the claimants.

Court Disposition

Claimants succeed in both the Partnership and Possession claims; Defendant's counterclaim dismissed.

Orders

  • Defendant (Sally) permitted two months to purchase the Farm Land at £3,245,000; if not completed, Farm Land to be sold on the open market with both main parties entitled to bid.
  • Cessation and post-dissolution partnership accounts to be redrawn in accordance with the court's findings; further hearing to resolve any disputes.