Wight & Anor v Olswang [2000] EWCA Civ 310 (7 December 2000)

Wight & Anor v Olswang [2000] EWCA Civ 310 (7 December 2000)

The judge erred in treating the pleaded breaches as mere decisions not to sell, rather than failures to consider or implement sales due to conflicts and statutory concerns. The summary judgment was inappropriate as the claims raised triable issues of breach and causation requiring full trial.

Citation
[2000] EWCA Civ 310
Parties
Appellant: Tiffany Wight; Appellant: Felix Wight; Respondent: Simon Olswang; Former Co Respondent: Roger Peters
Jurisdiction
England and Wales
Judgment Date
07 December 2000
Procedural Posture
Civil Appeal / Appeal From Summary Judgment Under CPR Part 24
Outcome
appeal allowed
Legal Topics
Breach of Trust, Fiduciary Duty, Summary Judgment, Trustee Duties, Causation
Trusts Equity Breach of Trust Fiduciary Duty Summary Judgment Trustee Duties Causation

Case Brief

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Parties

Tiffany Wight

Appellant

Felix Wight

Appellant

Simon Olswang

Respondent

Roger Peters

Former Co Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment Under CPR Part 24

Legal Issues

  1. 1 Whether the trustee breached fiduciary duties by failing to consider or implement sale of trust assets
  2. 2 Whether summary judgment was appropriate given the pleaded breaches and causation issues

Ratio Decidendi

The judge erred in treating the pleaded breaches as mere decisions not to sell, rather than failures to consider or implement sales due to conflicts and statutory concerns. The summary judgment was inappropriate as the claims raised triable issues of breach and causation requiring full trial.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Matter to proceed to trial