Howard v Howard - Lawson (Rev 1) [2012] EWHC 3258 (Ch) (20 November 2012)

Howard v Howard - Lawson (Rev 1) [2012] EWHC 3258 (Ch) (20 November 2012)

The court found that Mr Howard was not subject to undue influence in executing the Disentailing Deed and Powers Deed, as he received independent legal advice and the circumstances did not support coercion. The claims of breach of trust were either unsubstantiated on the evidence or had been effectively compromised or released by subsequent deeds and assignments. Claims based on Mr Howard's former status as remainderman were no longer available to him, having passed to Sir John by assignment from the trustee in bankruptcy. The assignments from the trustee in bankruptcy to Mr Howard were ineffective to transfer claims already assigned to Sir John. The court also found that, even if some...

Citation
[2012] EWHC 3258 (Ch)
Parties
Claimant: Philip William Howard; Defendant: Sir John Howard – Lawson
Jurisdiction
England and Wales
Judgment Date
20 November 2012
Procedural Posture
Chancery Division Civil Claim / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Undue Influence, Breach of Trust, Trust Variation, Limitation and Laches, Bankruptcy and Assignment of Claims
Trusts and Estates Equity Property Law Undue Influence Breach of Trust Trust Variation Limitation and Laches Bankruptcy and Assignment of Claims

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Philip William Howard

Claimant

Sir John Howard – Lawson

Defendant

Procedural Posture

Chancery Division Civil Claim / High Court Trial Judgment

Legal Issues

  1. 1 Whether Sir John Howard-Lawson exercised undue influence over Philip William Howard in connection with the Disentailing Deed and Powers Deed
  2. 2 Whether there were breaches of trust in the administration of the Corby Estate trusts
  3. 3 Whether claims are barred by limitation or laches

Ratio Decidendi

The court found that Mr Howard was not subject to undue influence in executing the Disentailing Deed and Powers Deed, as he received independent legal advice and the circumstances did not support coercion. The claims of breach of trust were either unsubstantiated on the evidence or had been effectively compromised or released by subsequent deeds and assignments. Claims based on Mr Howard's former status as remainderman were no longer available to him, having passed to Sir John by assignment from the trustee in bankruptcy. The assignments from the trustee in bankruptcy to Mr Howard were ineffective to transfer claims already assigned to Sir John. The court also found that, even if some...

Court Disposition

Claim dismissed

Orders

  • All claims by Mr Howard against Sir John Howard-Lawson are dismissed.
  • No order for setting aside the Powers Deed or for relief in respect of alleged breaches of trust.