Shergill v Khaira & Ors [2012] EWCA Civ 1582 (02 October 2012)

The dispute over trustee succession is non-justiciable in English courts as it involves issues not suitable for judicial determination; costs should follow the event and be paid by the respondents.

Citation: [2012] EWCA Civ 1582
Parties: Appellant: Shergill; Respondents: Khaira & Others
Jurisdiction: England and Wales
Judgment Date: 02 October 2012
Procedural Posture: Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Justiciability, Trustee Succession, Costs in Charity Litigation

Charity Law Trusts Civil Procedure Justiciability Trustee Succession Costs in Charity Litigation

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Shergill

Appellant

Khaira & Others

Respondents

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the dispute regarding succession of trustees is justiciable in English courts
2 Whether costs should be paid out of charity assets or by the unsuccessful party
3 Whether permission to appeal to the Supreme Court should be granted

Ratio Decidendi

The dispute over trustee succession is non-justiciable in English courts as it involves issues not suitable for judicial determination; costs should follow the event and be paid by the respondents.

Court Disposition

appeal allowed

Orders

Order made by His Honour Judge Cooke set aside
Permanent stay of claim upon appellant's undertaking not to prosecute counterclaim