Shergill v Khaira & Ors

The dispute over trustee succession is non-justiciable in English courts; costs should follow the event and be paid by respondents; permission to appeal to the Supreme Court is refused.

Parties: Appellant: Shergill; Respondents: Khaira & Others
Jurisdiction: England and Wales
Judgment Date: 02 October 2012
Procedural Posture: Civil Appeal / Judgment on Appeal and Costs
Outcome: appeal allowed; permission to appeal refused
Legal Topics: Justiciability, Costs, Trustee Succession, Appeal Procedure

Charity Law Trusts Civil Procedure Justiciability Costs Trustee Succession Appeal Procedure

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

Civil Appeal / Judgment on Appeal and Costs

Legal Issues

1 whether the dispute regarding trustee succession is justiciable in English courts
2 whether costs should be paid from charity assets or by respondents
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; costs should follow the event and be paid by respondents; permission to appeal to the Supreme Court is refused.

Court Disposition

appeal allowed; permission to appeal refused

Orders

Appeal allowed; High Court order set aside.
Permanent stay of claim upon appellant's undertaking not to prosecute counterclaim.